Contracts Commons^™

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Comment On Opm’S Confidential Government Information Nondisclosure Agreement, Rachel Arnow-Richman, Mark Fenster, Jonathan F. Harris, Margaret B. Kwoka, Orly Lobel

UF Law Faculty Publications

This comment critically responds to the U.S. Office of Personnel Management's (OPM) May 2026 proposal to implement a government-wide nondisclosure agreement (NDA) for federal workers. Drawing from our scholarship on workplace governance, employee mobility, whistleblowing, and information controls, we argue that the OPM’s proposal is inconsistent with growing recognition of the risks associated with broad workplace secrecy agreements. Recent federal and state reforms limiting the use of NDAs recognize that such agreements can deter reporting, suppress information of public concern, and impede litigants and government actors from prosecuting wrongdoing. TThese concerns are especially salient in the context of public employment, …

Analyzing The Legal Enforceability Of Bdsm Contracts Between Sex Workers And Clients, Sam Wise

Journal of Law and Policy

Contracts are the common legal solution provided to those entering into agreements who wish to decrease their liability. However, there is a limit to which communities can take advantage of these legal protections. As previously taboo sexual practices like BDSM become more popular, those seeking to engage in the practices may think it reasonable to enter contracts to protect themselves from potential harm. Those who practice BDSM have indeed often turned to contract creation to memorialize the sexual agreements they have made with each other. Sex workers may especially seek to protect themselves from the harm that could result from …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Disclosure Duties And Responsibilities, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Contract disclosure rules differ in structure, function, and design. Though scholars often treat all these rules under the rubric of duty, in fact they fall into two broad categories. Disclosure duties treat the failure to disclose as a legal wrong; disclosure responsibilities attach positive legal consequences to disclosure but do not treat nondisclosure as a legal wrong. Disclosure duties can be further divided. Specified disclosure duties, which typically apply to consumer and other mass-market transactions, provide detailed guidance regarding both what information to disclose and how to disclose it. Generic disclosure duties, such as the tort of nondisclosure, provide broad …

أحكام تعديل عقد العمل الفردي في ظل مفهوم العمل التابع: دراسة تحليلية لقانوني العمل الفرنسي والقطري على ضوء التطبيقات القضائية, محمد عمار تركمانية غزال

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

The Continuum Of Contractual Commitment, David V. Snyder

Pepperdine Law Review

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

The Tiger Trap Of Claims-Made-And-Reported Insurance Policies, Vonda Mallicoat Laughlin

Brooklyn Journal of Corporate, Financial & Commercial Law

Insurance policies contain notification requirements. A typical requirement is that notice be provided of a claim, or of an incident likely to lead to a claim, promptly or within a certain number of days of the occurrence. A claims-made-and-reported policy generally has this type of notification requirement but further requires that notice of a claim be provided within the coverage dates of the policy or within a set number of days following the policy’s expiration date. Over the years, the claims-made-and-reported form has reached popularity in regard to certain types of liability coverage. As exemplified by the case of President …

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

عملة إيفاء الديون مع ملاحظات حول تحديد سعر صرف العملة: دراسة مقارنة, أنطوان طعمة

Proche-Orient, Études juridiques

This study tries to clear up the ambiguity that deals with the interpretation of legal articles related to repayment. It includes an attempt to interpret the text of article 301 of the Law of Obligations and Contracts. It also deals with the text of the second paragraph of that article, which mentions the phrase “normal time” during which the parties have the right to stipulate the payment in a foreign currency or metal. The study also deals with an explanation of the concepts of compulsory circulation and legal circulation of currency, and the impact of these concepts on the interpretation …

إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية, نجيب الحاج شاهين

Proche-Orient, Études juridiques

The issue of the payment of debts denominated in a foreign currency arises in two types of contracts: international contracts and domestic contracts. In international contracts, this issue is easily resolved by Lebanese Courts who have consistently ruled that the debtor must repay the debt arising from an international contract in the foreign currency that is stipulated in that contract. On the other hand, this raises three problems that have led to conflicting court decisions in domestic contracts. These issues are the following: the validity of contractual provisions requiring that payment be made in a foreign currency; whether the debtor …

Force Majeure And Economic Hardship Under Uae Law, Myrna Saad

Proche-Orient, Études juridiques

The recent COVID-19 pandemic has sparked a renewed interest in the concepts of force majeure and economic hardship, which both deal with unforeseen and unavoidable events disrupting the performance of a contract. Despite many overlapping features between the two concepts, major divergences exist, both in conditions and effects. This article examines how force majeure and hardship are approached in the UAE Civil Transactions Code by analyzing their constitutive elements and comparing their consequences on contract performance and liability.

Les Conditions Générales De Formation Du Contrat Dans La Jurisprudence Libanaise : L’Objet, La Cause, Les Vices Du Consentement, Samia Nassar Asmar

Proche-Orient, Études juridiques

The general conditions for the formation of the contract in the Lebanese case law The Lebanese lawmaker enacted the general conditions for the formation of the contract in Articles 186 and following of the Code of Obligations and Contracts. However, here as elsewhere, the legislative work had to be supplemented by case law. The analysis of the case law relating to the substantive conditions required for the formation of the contract, has allowed to identify the most significant points of litigation in this area, to list the solutions given by the courts and to infer their general guidelines. The Lebanese …

Who Wins? The Challenges And Potential Impacts Of State Courts’ Holdings In Fsu V. Acc, In Florida, And Acc V. Fsu, In North Carolina, Ethan Nickolaus Anagnos

University of Miami Business Law Review

Over the years, grant of rights (GOR) agreements have continually been the foundation for the transfer of exclusive rights between parties. In the ultra-competitive arena of the college football industry, these agreements have played an instrumental role in preserving and financing conferences and universities. Despite the prevalence of these GOR agreements, no university nor conference had ever attempted to challenge their validity before a court. That was until December 2023, when Florida State University (FSU) and the Atlantic Coast Conference (ACC) entered into a grueling and highly debated legal dispute regarding their GOR agreement, which is supposed to continue until …

Contractualizing Corporate Governance, Jonathan C. Lipson, Eli Alexander Evans

University of Miami Law Review

The relationship between fiduciary duty and contract has never been clear. The law of fiduciaries has long constrained discretionary control of other people’s property, notably in corporate governance, where directors owe a corporation duties of care and loyalty. Yet, contract has also had the capacity to modify these duties in important—but uncertain—ways because neither body of law contains a meta-rule specifying which would “trump” in the event of conflict. Uncertainty was rarely problematic, however, because directors lacked the power to fully contract away their control of the corporation or their concomitant fiduciary duties.

This has changed in the past thirty …

Denizens Of Dexit: Why Controlled Companies Are The First To Leave The First State, Jack Kanzler

Michigan Business & Entrepreneurial Law Review

A series of high-profile companies announcing plans to leave the state of Delaware and reincorporate out of state has sparked many commentators to predict a coming wave of corporate exodus from the First State called “DExit.” This paper seeks to explore the DExit “movement” with a particular focus on “controlled companies” and the recent doctrinal developments that have created a perception that Delaware law has become hostile to such governance arrangements. I will begin by discussing a brief history of Delaware’s corporate law and its current role in the American corporate legal system. I will then move to a robust …

To Compete Or Noncompete: Lessons On The Impact Of Unenforceable Noncompete Agreements In The Entertainment Industry, Guy Mannick

Washington and Lee Journal of Civil Rights and Social Justice

Economic and legal literature has increasingly focused on how the American legal system fails workers. One way it does so is through employee noncompetition agreements (“NCA” or “noncompete”) that limit a worker’s ability to join another company, often for better compensation and/or more responsibility. Some states enforce NCAs if they are reasonable in scope, geography, and duration; others either prohibit their application to certain types of workers or (as in California) outright prohibit them in most circumstances. More narrowly, new empirical literature about the behavioral effects of unenforceable noncompete agreements raises new questions about the behavioral impact on workers.

This …

1981, Carliss Chatman

Washington and Lee Law Review

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Arbitrary Consent To Arbitration, Charity J. Fort

Washington and Lee Law Review

In the one-hundred-year period since the enactment of the Federal Arbitration Act of 1925 (the Act), arbitration in the U.S. has become a battlefield embroiled in a multitude of contract law doctrines and competing arbitration jurisprudence concerning what rights can be contracted away. This battlefield has become particularly grisly with regards to the increased use of arbitration clauses in contracts with adhesive qualities between business entities and consumers. This Article seeks to confront and lay the foundations for resolving a concern raised by many arbitration scholars: scholars who argue that the use of arbitration clauses in contracts of adhesion is …

Resolving Cross-Border Nft Disputes: Jurisdictional Approaches, Smart Contracts, And Proposed Solutions, Aparna Vaitla

Washington Journal of Law, Technology & Arts

The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions …