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Articles 1 - 27 of 27
Full-Text Articles in Contracts
Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen
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
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
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
“Liquidated Damages” In Guest Worker Contracts: Involuntary Servitude, Debt Peonage Or Valid Contract Clause?, Maria L. Ontiveros
Nevada Law Journal
No abstract provided.
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
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
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
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
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
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
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
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
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
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
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
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
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
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
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
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
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'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'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
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
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
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
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
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.