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Articles 1 - 6 of 6
Full-Text Articles in Contracts
Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller
Why Don't Doctors & Lawyers (Strangers In The Night) Get Their Act Together?, Frances H. Miller
Michigan Law Review
Health care in America is an expensive, complicated, inefficient, tangled mess - everybody says so. Patients decry its complexity, health care executives bemoan its lack of coherence, physicians plead for universal coverage to simplify their lives so they can just get on with taking care of patients, and everyone complains about health care costs. The best health care in the world is theoretically available here, but we deliver and pay for it in some of the world's worst ways. Occam's razor ("Among competing hypotheses, favor the simplest one") is of little help here. There are no simple hypotheses - everything …
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
Wei Zhang
The collapse of the Japanese asset price bubble in the 90's left a record amount of non-performing loans in the nation's financial system. To tackle this unprecedented crisis, both legal scholars and practitioners in Japan advocated for a series of amendments to its secured transaction law to facilitate the enforcement of mortgages by banks. In this paper, based on the state of the post-bubble real estate finance market, I discussed the major drawbacks of the existing Japanese secured transaction system as it was applied in the real estate arena. I commented on the proposed material amendments to the Japanese secured …
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Japanese Version), Wei Zhang
Wei Zhang
No abstract provided.
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Chinese Version), Wei Zhang
Wei Zhang
In this article, I made a comparative study on the laws regulating the restrictions established by developers or among property owners in common interest communities in the U.S. and Japan, as well as the cultural and social backgrounds against which they are created. It appears that similar rules exist in both countries to combat excessive restrictions on life in common interest communities, although the American law treats the ex ante restrictions somewhat differently from the ex post ones. Using a law and economics perspective, I argue that such disparate treatments make good sense given the feasibility of internalizing the effects …
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
People thinking about contractual arbitration clauses usually envision the resulting disputes as contractual in nature. However, there is also a group of cases in which the clauses are used to compel arbitration of personal injury claims. This article examines those cases, including the impact of the Federal Arbitration Act on their enforcement. Next, the article considers the ways in which these pre-dispute, mandatory arbitration clauses can disturb the traditional values of procedural justice, contractual fairness, and the enforcement of tort-based duties. Finally, the article proposes changes in the law of arbitration and evaluates whether such changes are politically feasible.