Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (1522)
- Business Organizations Law (1215)
- Law and Economics (1104)
- Torts (805)
- International Law (687)
-
- Banking and Finance Law (679)
- Property Law and Real Estate (662)
- Civil Law (611)
- Legal Profession (608)
- Consumer Protection Law (597)
- State and Local Government Law (592)
- Constitutional Law (581)
- Business (575)
- Family Law (556)
- Dispute Resolution and Arbitration (553)
- Securities Law (543)
- Land Use Law (542)
- Labor and Employment Law (526)
- Legislation (520)
- Insurance Law (518)
- Comparative and Foreign Law (511)
- Bankruptcy Law (495)
- Law and Society (490)
- International Trade Law (488)
- Administrative Law (481)
- Courts (481)
- Legal History (477)
- Internet Law (470)
- Institution
-
- University of Michigan Law School (1000)
- Selected Works (654)
- Universitas Indonesia (524)
- SelectedWorks (479)
- Georgia State University College of Law (284)
-
- Maurer School of Law: Indiana University (209)
- Columbia Law School (197)
- Seattle University School of Law (197)
- University of Colorado Law School (194)
- University of Kentucky (163)
- West Virginia University (159)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (158)
- William & Mary Law School (145)
- Vanderbilt University Law School (141)
- Singapore Management University (133)
- University of Washington School of Law (116)
- Cornell University Law School (103)
- University of Georgia School of Law (103)
- Villanova University Charles Widger School of Law (100)
- University at Buffalo School of Law (93)
- UIC School of Law (90)
- University of Pennsylvania Carey Law School (86)
- Washington and Lee University School of Law (86)
- Eastern Illinois University (81)
- Touro University Jacob D. Fuchsberg Law Center (80)
- Brooklyn Law School (77)
- University of Richmond (77)
- University of Maryland Francis King Carey School of Law (76)
- BLR (72)
- American University Washington College of Law (70)
- Keyword
-
- Contracts (1173)
- Contract (314)
- Contract law (238)
- Arbitration (171)
- Uniform Commercial Code (140)
-
- Corporations (139)
- Commercial Law (125)
- Breach of contract (111)
- Contract Law (109)
- Collective bargaining (105)
- Liability (105)
- Damages (104)
- Law (103)
- Law and Economics (100)
- UCC (97)
- Higher education (91)
- Insurance (90)
- Remedies (88)
- Unions (87)
- Economics (86)
- Labor relation (80)
- Fraud (75)
- Property (73)
- Torts (72)
- Copyright (69)
- Corporate Law (69)
- Law and Society (67)
- Investment (66)
- United States (66)
- Negligence (64)
- Publication Year
- Publication
-
- Michigan Law Review (803)
- Faculty Scholarship (503)
- Indonesian Notary (364)
- Georgia Business Court Opinions (270)
- Seattle University Law Review (183)
-
- Articles (161)
- West Virginia Law Review (158)
- Kentucky Law Journal (135)
- Indiana Law Journal (132)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (123)
- Martin Paolantonio (121)
- Faculty Publications (120)
- Research Collection Yong Pung How School Of Law (119)
- All Faculty Scholarship (111)
- Scholarly Works (104)
- Vanderbilt Law Review (97)
- Washington Law Review (88)
- Buffalo Law Review (86)
- Villanova Law Review (84)
- National Center Newsletters (80)
- Cornell Law Faculty Publications (78)
- Nevada Supreme Court Summaries (71)
- ExpressO (67)
- Georgetown Law Faculty Publications and Other Works (67)
- William & Mary Law Review (62)
- UIC Law Review (59)
- Washington and Lee Law Review (57)
- Maryland Law Review (56)
- University of Richmond Law Review (51)
- Touro Law Review (47)
Articles 31 - 60 of 7746
Full-Text Articles in Contracts
The Promise Of Contract Pluralism, Andrew Jordan
The Promise Of Contract Pluralism, Andrew Jordan
Connecticut Law Review
Many contract theorists argue that contracts are promises. This view is appealing because it can justify the institution of contract law—contract law allows parties to vindicate their promissory rights. But contract-as-promise advocates have seriously misunderstood how promises work. They assume a cartoon version of promises, one that is overly abstract, individualistic, and is singularly fixated on the obligation to do what one promised. Such theorists have failed to adequately attend to other important dimensions of promises: How stringent is the promise? Under what conditions is a person obligated to perform? How is an agent entitled to respond to a breach? …
Covid, Contracts, And Colleges, John K. Setear
Covid, Contracts, And Colleges, John K. Setear
West Virginia Law Review
No abstract provided.
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
Pace International Law Review
Case studies are very effective pedagogical tools available to business and legal educators. Hypothetical fact patterns provide instructors an additional advantage of being able to modify facts to target particular learning goals for students. This article presents a substantial case study and teaching notes for a hypothetical international sale of goods transaction. The facts presented will necessitate student research and examination of a wide range of legal issues related to contract negotiation and interpretation, shipping and related difficulties that might arise during contract execution, and issues related to disputes over the quality of goods. Questions in the study require students …
Online Disinhibited Contracts, Wayne R. Barnes
Online Disinhibited Contracts, Wayne R. Barnes
Pepperdine Law Review
There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Covid-19 Risk Factors And Boilerplate Disclosure, Stephen J. Choi, Mitu Gulati, Xuan Liu, Adam C. Pritchard
Covid-19 Risk Factors And Boilerplate Disclosure, Stephen J. Choi, Mitu Gulati, Xuan Liu, Adam C. Pritchard
Law & Economics Working Papers
The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material” change. Does that theory work in practice? Or are companies copying and repeating the same generic disclosures? Using the shock of the COVID-19 pandemic, we explore these questions. Overall, we find considerable rote copying of boilerplate disclosures. Further, the factors that correlate with deviations from the boilerplate seem related more to the resources that companies have (large companies change updated disclosures more) and litigation risks (companies vulnerable to shareholder litigation update more) rather than general …
Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Reconsideration And For Stay Of Trial, Kelly L. Ellerbe
Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Reconsideration And For Stay Of Trial, Kelly L. Ellerbe
Georgia Business Court Opinions
No abstract provided.
Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Sanctions And Motion For Order To Show Cause, Kelly L. Ellerbe
Galaxy Next Gen., Inc. V. Bradley Ehlert, Et. Al., Order On Motion For Sanctions And Motion For Order To Show Cause, Kelly L. Ellerbe
Georgia Business Court Opinions
No abstract provided.
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al. Order On Motion For Attorney's Fees, Kelly L. Ellerbe
Alexander S. Glover, Et. Al. V. Georgia Mining Ventures, Llc, Et. Al. Order On Motion For Attorney's Fees, Kelly L. Ellerbe
Georgia Business Court Opinions
No abstract provided.
Brief Of Legal Scholars As Amici Curiae In Support Of Respondents, Becerra V. San Carlos Apache Tribe, Becerra V. Northern Arapaho Tribe, U.S. Supreme Court Docket Nos. 23-250 & 23-253, Gregory Ablavsky, Seth Davis, Patty Ferguson-Bohnee, Ethan J. Leib, Dan Lewerenz, Nazune Menka, Monte Mills, Richard Monette, Joseph William Singer, Gerald Torres, Rebecca Tsosie
Brief Of Legal Scholars As Amici Curiae In Support Of Respondents, Becerra V. San Carlos Apache Tribe, Becerra V. Northern Arapaho Tribe, U.S. Supreme Court Docket Nos. 23-250 & 23-253, Gregory Ablavsky, Seth Davis, Patty Ferguson-Bohnee, Ethan J. Leib, Dan Lewerenz, Nazune Menka, Monte Mills, Richard Monette, Joseph William Singer, Gerald Torres, Rebecca Tsosie
Court Briefs
Congress has enacted into law thousands of statutory provisions containing rules of construction. These rules direct courts to the permissible interpretations of the statutes that Congress enacts.
With respect to the self-determination contracts between Indian tribes and the United States at issue in these cases, the Indian Self-Determination and Education Assistance Act (ISDA) prescribes two interpretive rules that serve as congressional directives to this Court. First, each provision of the self-determination contract must be construed liberally for the benefit of the tribe. Second, the same is true of the statute itself: each provision of the ISDA must be construed liberally …
An Old Bottle For The New Wine: Understanding The Duty Of Honest Performance Under The Objective Theory, Humphrey Yuan Jheng
An Old Bottle For The New Wine: Understanding The Duty Of Honest Performance Under The Objective Theory, Humphrey Yuan Jheng
Dalhousie Law Journal
Bhasin v Hrynew has many dimensions and potentially affects almost every aspect of Anglo-Canadian contract law. This article is limited to one aspect only: the duty of honest performance (“DHP”). My article attempts to show that the objective theory can provide a solid foundation and a different thinking framework for understanding and developing the DHP. If I am right, the DHP may be placed on a sound footing, independently of the organizing principle of good faith. Section I of this article traces the duty’s development from Bhasin to Callow. Section II argues that under the objective theory, reasonable expectations of …
Online Disinhibited Contracts, Wayne R. Barnes
Online Disinhibited Contracts, Wayne R. Barnes
Faculty Scholarship
There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …
The Acquisition Of Twitter: The Legal Interplay Between Elon Musk, Shareholders, Employees, And The Government, Florence Shu-Blankson
The Acquisition Of Twitter: The Legal Interplay Between Elon Musk, Shareholders, Employees, And The Government, Florence Shu-Blankson
University of Miami Business Law Review
This article examines the acquisition process of Twitter by Elon Musk. It will analyze the legal validity of Musk’s initial claims for rescinding his offer, as well as Twitter’s defense arguments. It will consider questions such as: Did Twitter cause a material adverse effect to its operations that would be a basis for Musk to avoid the deal? Did Musk run afoul of any regulatory requirements under the Securities and Exchange Commission (SEC) and Federal Trade Commission (FTC) regulations? What impact did the ultimate sale of Twitter have on other stakeholders, such as corporate executives and non-executives, shareholders, employees. The …
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Seattle University Law Review
The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.
The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Faculty Scholarship
No abstract provided.
Contract Customization, Sex, And Islamic Law, Rabea N. Benhalim
Contract Customization, Sex, And Islamic Law, Rabea N. Benhalim
Publications
Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships as exclusively under the realm of contract law governed by private actors. This Article brings Islamic law into the larger conversation on the use of contracts for sexual and relationship agreements. It further proposes that Islamic law has something to offer Muslims and non-Muslims alike by empowering individuals to use …
Sign Your Name On The Dotted Line . . . Is Netflix’S Squid Game Something More Than Mere Child’S Play?, Samantha Karpman
Sign Your Name On The Dotted Line . . . Is Netflix’S Squid Game Something More Than Mere Child’S Play?, Samantha Karpman
Touro Law Review
Prior to watching Netflix’s hit show, Squid Game, I was proud to say that I was someone who was a true connoisseur of reality television. Like millions of Americans who tune in to their favorite “trash TV” show, I would always look forward to turning on my TV at the end of a long day, sitting back in my pajamas, and binge-watching my favorite reality television shows. And, unlike many viewers, I was not ashamed to say this was one of my favorite hobbies. However, after watching Squid Game, my passion for reality television also grew into a concern for …
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla A. Hrdy, Christopher B. Seaman
Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla A. Hrdy, Christopher B. Seaman
Scholarly Articles
There is a substantial literature on noncompete agreements and their adverse impact on employee mobility and innovation. But a far more common restraint in employment contracts has been underexplored: confidentiality agreements, sometimes called nondisclosure agreements (NDAs). A confidentiality agreement is not a blanket prohibition on competition. Rather, it is simply a promise not to use or disclose specific information. Confidentiality agreements encompass trade secrets, as defined by state and federal laws, but confidentiality agreements almost always go beyond trade secrecy, encompassing any information the employer imparted to the employee in confidence.
Despite widespread use, confidentiality agreements have received little attention. …
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Seattle University Law Review
Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.
In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff
Articles
Thank you all for coming today. This is, I think, a really important topic. Important enough that the conference has decided to have two talks on the same topic, and Mark will be presenting on this in the next session, too. I plan on attending because I don’t think you can get enough perspectives on it right now. And hearing this information, I had to attend several talks myself before I really digested it and understood what this was all about. So, I hope that I can give you a little bit of that today. My name is Kristen Wolff. …
Beyond Discrimination: Market Humiliation And Private Law, Hila Keren
Beyond Discrimination: Market Humiliation And Private Law, Hila Keren
University of Colorado Law Review
Market humiliation is a corrosive relational process to which the law repeatedly fails to respond due to the law’s heavy reliance on the discrimination paradigm. In this process, providers of market resources, from housing and work to goods and services, use their powers to reject or mistreat other market users due to their identities. They thus cause users severe harm and deprive them of dignified participation in the marketplace. The problem has recently reached a peak. The discussion in 303 Creative v. Elenis indicates that the Supreme Court might legitimize market humiliation by granting private providers broad free speech exemptions …
Sign Here: How Parental Waivers Exceed The Bounds Of Parents' Fundamental Rights, Carissa Hansen
Sign Here: How Parental Waivers Exceed The Bounds Of Parents' Fundamental Rights, Carissa Hansen
Mitchell Hamline Law Review
No abstract provided.
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman
Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman
Touro Law Review
As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …
Unleashing Corporate Entrepreneurship, Bernice A. Grant
Unleashing Corporate Entrepreneurship, Bernice A. Grant
Brooklyn Law Review
Noncompetition agreements (noncompetes), which prohibit employees from launching or working at competitive companies for certain periods, have become increasingly prevalent in the workplace. Employers claim they need noncompetes to protect their trade secrets and other legitimate business interests, but most workers do not have access to trade secrets—and when they do, such secrets can be better protected through confidentiality and intellectual property agreements. In practice, many companies appear to use noncompetes as an employee retention tool, but this is not a legitimate purpose for a noncompete. In addition, noncompetes have a disproportionately negative impact on women, people of color, and …
Capitalism Stakeholderism, Christina Parajon Skinner
Capitalism Stakeholderism, Christina Parajon Skinner
Seattle University Law Review
Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …
Crypto-Counterfeiting, Joshua Fairfield
Crypto-Counterfeiting, Joshua Fairfield
Scholarly Articles
The current crypto winter has given rise to a range of legal challenges. One of the most important sets of legal challenges goes to the heart of cryptocurrency. Cryptocurrency was intended to be non-duplicatable at will, that is, not to be counterfeitable. Blockchain technology is supposed to prevent token counterfeiting through a combination of game theory and cryptography that prevents normal users from simply ordering the system to generate more tokens for their benefit.
The difficulty is that blockchain software is still software. People in charge can order and program the software to generate many more tokens for those individuals’ …
Contract-Wrapped Property, Danielle D'Onfro
Contract-Wrapped Property, Danielle D'Onfro
Scholarship@WashULaw
For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …