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Articles 1 - 24 of 24
Full-Text Articles in Contracts
Ethics And Professional Responsibility—Contingency Fees—An Attorney's Right Of Recovery When Discharged From A Contingent Fee Contract In Arkansas. Salmon V. Atkinson, 355 Ark., 137 S.W.3d 383 (2003), Eric C. Freeby
University of Arkansas at Little Rock Law Review
No abstract provided.
A Comparative Analysis Of Selected North Carolina Contractual Provisions, Mary Wright
A Comparative Analysis Of Selected North Carolina Contractual Provisions, Mary Wright
North Carolina Central Law Review
No abstract provided.
Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy
Limitation Of Liability Clauses In Public Utility Tariffs: Is The Rationale For State-Sponsored Indemnity Still Valid?, John L. Rudy
Buffalo Law Review
No abstract provided.
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Archer V. Warner: Circuit Split Resolution Or Contractual Quagmire?, Jennifer R. Belcher
Washington and Lee Law Review
No abstract provided.
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
West Virginia Law Review
No abstract provided.
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
International Electronic Contracts: A Note On Argentine Choice Of Law Rules, Mario J. A. Oyarzábal
University of Miami Inter-American Law Review
No abstract provided.
The Death Of Offers, Val D. Ricks
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Lean And Green? Environmental Law And Policy And The Flexible Production Economy, Dennis D. Hirsch
Indiana Law Journal
No abstract provided.
The Complex Context Of Contract Law, Alberto Salazar Valle
The Complex Context Of Contract Law, Alberto Salazar Valle
Osgoode Hall Law Journal
No abstract provided.
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 …
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
The Responsible Thing To Do About "Responsible Party" Provisions In Nursing Home Agreements: A Proposal For Change On Three Fronts, Katherine C. Pearson
University of Michigan Journal of Law Reform
Nursing homes routinely seek the signature of a family member on nursing home agreements, calling the signer a "responsible party" or sponsor for the resident. Federal Medicare and Medicaid law provides that participating facilities must "not require a third party guarantee of payment to the facility as a condition of admission ...to, or continued stay, in the facility. "Nonetheless, if federal benefits prove to be unavailable, courts are holding responsible parties contractually liable for thousands of dollars for the care of their elders. This Article proposes private and public responses to the increasing likelihood that nursing homes will seek collection …
Operation Executive Freedom (Of Contract): Following The Executive's Fiduciary Obligation From Manges To Magruder In Mineral Leasing, John B. Fowles
Operation Executive Freedom (Of Contract): Following The Executive's Fiduciary Obligation From Manges To Magruder In Mineral Leasing, John B. Fowles
BYU Law Review
No abstract provided.
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 …
Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson
Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson
William Mitchell Law Review
This note first gives a brief overview of arbitration use in the United States. It then discusses the Onvoy decision and provides an analysis of the Minnesota Supreme Court’s ruling. Finally, the note concludes that the court’s holding properly weighs Minnesota’s strong presumption in favor of arbitration against the need to allow access to the courts.
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
UIC Law Review
No abstract provided.
At The Crossroads Of Federalism And Arbitration: The Application Of Prima Paint To Purportedly Void Contracts, Pierre H. Bergeron
At The Crossroads Of Federalism And Arbitration: The Application Of Prima Paint To Purportedly Void Contracts, Pierre H. Bergeron
Kentucky Law Journal
No abstract provided.
Against Supercompensation: A Proposed Limitation On The Land Buyer's Right To Elect Between Damages And Specific Performance As A Remedy For Breach Of Contract, Jonathan Levy
Loyola University Chicago Law Journal
No abstract provided.
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
UIC Law Review
No abstract provided.
Oil And Gas Law: Recent Oklahoma Cases Interpreting Oil And Gas Joint Operating Agreements, Mark D. Christiansen
Oil And Gas Law: Recent Oklahoma Cases Interpreting Oil And Gas Joint Operating Agreements, Mark D. Christiansen
Oklahoma Law Review
No abstract provided.
The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready
The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready
Villanova Environmental Law Journal
No abstract provided.
"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan
UIC Law Review
No abstract provided.
Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow
Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow
Seattle University Law Review
This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Seattle University Law Review
The scope of this Note focuses on whether the courts have adequately corrected the substantive failures of mandatory arbitration agreements when they permit consumers to prove prohibitive costs. Part II of this Note explores the origin and history behind the adoption of the FAA and the legislative desire to place parties of equal bargaining power in a position to arbitrate. Part III examines the acceptance of this defense in other jurisdictions. Part IV considers the Mendez case and analyzes Washington's newly adopted approach to invalidate mandatory arbitration clauses in consumer contracts. Part V illustrates the appropriateness of this defense and …