Contracts Commons^™

Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen

Nevada Law Journal Forum

The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over imperial …

Stop Teaching Consideration, Alan M. White

Nevada Law Journal

No abstract provided.

A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel

Nevada Law Journal

No abstract provided.

Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow

Nevada Law Journal

No abstract provided.

“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros

Nevada Law Journal

No abstract provided.

The Negative Effects Of Confusion Over Collateral Agreements Under The Indian Gaming Regulatory Act: Which Agreements Need Review?, Matthew D. Craig

UNLV Gaming Law Journal

No abstract provided.

Recognizing An Overcorrection: A Proposal For Nevada's Policy On Non-Compete Agreements, Kristopher Kalkowski

Nevada Law Journal

No abstract provided.

Relative Consent And Contract Law, Nancy S. Kim

Nevada Law Journal

No abstract provided.

Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell

Nevada Law Journal Forum

In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this …

The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni

Nevada Law Journal

No abstract provided.

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.

Contracting Out Of Fiduciary Duties In Llcs: Delaware Will Lead, But Will Anyone Follow?, H. Justin Pace

Nevada Law Journal

No abstract provided.

Rethinking Promissory Estoppel, Eric Alden

Nevada Law Journal

No abstract provided.

Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns

Nevada Law Journal

No abstract provided.

Contract Law Walks The Plank: Carnival Cruise Lines, Inc. V. Shute, Charles L. Knapp

Nevada Law Journal

No abstract provided.

Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart

Nevada Law Journal

No abstract provided.

Economic Value, Equal Dignity And The Future Of Sweepstakes, Anthony N. Cabot, Glenn J. Light, Karl F. Rutledge

UNLV Gaming Law Journal

The three basic forms of prize gaming are gambling, sweepstakes, and contests. Most states have a common approach to determining the legality of prize gaming. In general, states analyze if an activity includes three factors associated with gambling: (1) opportunity to win a prize, (2) winning based on chance, and (3) consideration paid to take that chance. If you take away any one of the three elements of gambling—consideration, prize, or chance—you have an activity that is lawful in most states. A contest, for example, differs from gambling because the winner is determined by skill. Determination of whether a (pay-for-play) …

Rewarding Trespass & Other Enigmas: The Strange World Of Self-Exclusion & Casino Liability, Emir Aly Crowne-Mohammed, Meredith A. Harper

UNLV Gaming Law Journal

In this paper, the authors address many of the tortious and contractual issues associated with the liability of casinos to problem gamblers. The issues in tort are analyzed through the traditional elements of the action – duty of care, standard of care, proximity, and recognizable loss. Under contract law, the authors examine the problems associated with consideration and mental capacity when problem gamblers sign a contractual undertaking to be excluded from casinos and other gaming venues.

Many of the references cited in this work relate to the Province of Ontario because an earlier article (and report) on the issue of …

Harmonizing The Law In Waiver Of Fundamental Rights: Jury Waiver Provisions In Contracts, Wayne Klomp

Nevada Law Journal

No abstract provided.

You Asked For It, You Got It . . . Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Nevada Law Journal

No abstract provided.

Nevada's Employee Inventions Statute: Novel, Nonobvious, And Patently Wrong, Mary Lafrance

Nevada Law Journal

No abstract provided.

Nevada's Failure To Secure Its Future: An Analysis Of The Omission Of U.C.C. § 9-318(A) And Its Effect On Asset Securitization, Cari Ehrlich Waters

Nevada Law Journal

No abstract provided.

Tracing Principles In Revised Article 9 § 9-315(B)(2): A Matter Of Careless Drafting, Or An Invitation To Creative Lawyering?, William Stoddard

Nevada Law Journal

No abstract provided.

Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn

Nevada Law Journal

No abstract provided.

Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas

Nevada Law Journal

No abstract provided.

Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer

Nevada Law Journal

No abstract provided.

A Tale Of Two Creditors Under The Desultory Lien Creditor And Future Advances Provisions Of Revised Article 9, Natalie Cox

Nevada Law Journal

No abstract provided.