Contracts Commons^™

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Promising The First Amendment: (De)Regulating Speech In Higher Education, Max M. Schanzenbach, Kimberly A. Yuracko

Northwestern University Law Review

The war between Hamas and Israel has caused havoc in higher education. Amid student unrest, alumni pressure, congressional hearings, civil rights investigations, and student lawsuits, universities stand at a crossroads. The current situation, in which most private universities unevenly regulate student speech under ambiguous student codes, is not sustainable politically or legally. A tsunami of litigation and regulatory actions has already begun. One increasingly favored response is for private universities to more vigorously enforce existing codes or expand their scope. An alternative is for private universities to deregulate student expression and commit by contract to the First Amendment. This Article …

Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians, James Roberts Jr.

Senior Theses

This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through …

Drive-By Mediation And Other Opportunistic Distortions Of Process, Nancy A. Welsh

Faculty Scholarship

Many states in the United States, along with many nations, have implemented special benefits and privileges to encourage parties’ use of mediation to assist their communication, negotiation, and ultimate resolution of disputes. This is despite how loosely mediation is defined. This Article discusses how vague definitions, paired with special benefits and privileges, are incentivizing both the opportunistic distortion of mediation and the use of mediation for improper purposes. In Texas, for example, judges are extraordinarily limited in their ability to disapprove parents’ mediated child custody agreements—even if there is reason to worry that an agreement is contrary to the best …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2024 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions highlighted in the survey, there has also been legislative progress. The 2022 Amendments to the Uniform Commercial Code ("U.C.C.") (the "2022 Amendments")' have been adopted in thirty-one states plus the District of Colombia and introduced in six states.

Agentizing Privacy Preferences Without Privatizing Data Protection Policy, Frank Pasquale, Vanna Carter

Cornell Law Faculty Publications

This essay explores how consumers might exercise newly restored agency in a digital environment increasingly shaped by generative AI. Rather than expecting consumers to read privacy-related terms of service, policymakers should encourage the emergence of Automated Consumer Agents (“ACAs”) capable of interpreting privacy provisions and acting on behalf of users according to their stated preferences. These systems could automatically reject objectionable forms of data extraction, translating consumer values into actionable decisions in online transactions.

Despite this promise, the rise of ACAs would also present new problems. Without supportive policy and legal frameworks, agentization of privacy preferences could itself reproduce or …

Dual-Class Contracting--A Response To Roberto Tallarita, Brian Broughman

Vanderbilt Law School Faculty Publications

Roberto Tallarita's Dual-Class Contracting confronts a question that scholars and policymakers have largely overlooked: once a firm opts out of "one-share, one-vote," how does it determine the degree and duration of voting inequality? This is not a binary choice between single- and dual-class structures, but a continuum with infinitely many possible configurations. To investigate this question, Tallarita assembled a dataset of 293 corporate charters from dual-class IPOs completed between 1996 and 2022. Despite the wide lati- tude finms have to tailor these arrangements, he finds that most converge on strikingly similar terms-granting holders of high-vote stock majority control with just …

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …

The Enforceability Of Adult Film Employment Contracts And Their Impact On The Predatory Nature Of And Unethical Practices Within The Adult Film Industry, Taylor Allen

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Keabsahan Pemberian Kuasa Pendebetan Dan Pemblokiran Sebagai Jaminan Dalam Suatu Perjanjian Kredit (Studi Putusan Mahkamah Agung Nomor 587k/Pdt.Sus-Bpsk/2021), Reyvia Fitri

Indonesian Notary

This thesis analyzes the validity for granting a power of attorney in a credit agreement and to which court has the authority to adjudicate disputes arising from the validity of such granting of power of attorney. This article was prepared using doctrinal methods with secondary data originating from the Civil Code and other related regulations. Today's urgent need for credit encourages people to enter into credit agreements without fully understanding the contents of the agreement they are entering. In practice, the contents of the credit agreement contain a clause granting authority to debit and block the customer's account to ensure …

Tanggung Jawab Notaris Atas Keabsahan Pelaksanaan Rupslb Dan Akta Hibah Saham Yang Bertentangan Dengan Anggaran Dasar Perseroan Terbatas (Studi Putusan Pengadilan Negeri Padang Nomor 10/Pdt.G.S/2023/Pn Pdg), Aqilah Nurshafira Anwar

Indonesian Notary

This thesis examines the validity of the Extraordinary General Meeting and the creation of the share gift deed that does not comply with the Articles of Association, based on the UUPT and UUJN. This thesis also examines Notary's liability for creating the share gift deed in violation of the law, as Padang District Court Decision No. 10/Pdt.G.S/2023/PN Pdg. This research uses doctrinal methodology with qualitative analysis. The results show that the RUPSLB decision of PT INT, remains valid despite procedural disrepancies in the meeting invitation, as all shareholders attended and approved the decision, as per Article 82(5) UUPT. However, …

Pendaftaran Akta Wasiat Untuk Pelindungan Terhadap Penerima Wasiat Dan Pihak Ketiga (Studi Putusan Pengadilan Negeri Denpasar Nomor 218/Pdt.G/2021/Pn Dps), Arde Nauval Sulistyo

Indonesian Notary

A person can state his will after he dies in an authentic deed, namely a Will Deed. Furthermore, the Will Deed must be registered with the Ministry of Law and Human Rights (Kemenkumham). The case of not registering a Will Deed which ultimately gave rise to a dispute can be found in the Denpasar District Court Decision Number 218/Pdt.G/PN Dps. The problem raised in this study is about the legal consequences of a Will Deed that is not registered with the Ministry of Law and Human Rights. In addition, the judge's considerations in his decision to fulfill justice and legal …

Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani

Indonesian Notary

This thesis examines the status of copyright as an inheritable asset recognized under Indonesian law, as well as the legal standing of heirs based on a Certificate of Inheritance (Surat Keterangan Hak Mewaris or SKHM) issued after a copyright infringement has occurred, as reflected in Decision No. 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst. This research employs a doctrinal legal method, supported by expert interviews. In the case under study, it was found that although inheritance under civil law occurs automatically upon the death of the copyright holder, the transfer of copyright requires written evidence and official registration with the Directorate General of …

Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu

Indonesian Notary

The Regional Supervisory Council (MPD) functions to oversee and provide guidance on the Notary profession. The role of MPD is crucial in minimizing violations related to the Notary profession, particularly in Depok City. Therefore, it is necessary to examine the role of MPD in addressing violations of the Notary profession in Depok City, based on applicable regulations, as well as the implications of handling various types of violation reports submitted by the public on the performance of MPD in Depok City. This study uses a non-doctrinal method with qualitative empirical data, gathered through interviews and supported by secondary data. The …

Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata

Indonesian Notary

In practice, the existence of nominee agreements often raises debates about their validity and legal protection for the parties involved, so nominee agreements should not be used carelessly and notaries play an important role in drafting these agreements. The purpose of this study is to analyze the validity of the deed confirming the agreement to borrow a name made by a Notary and to find out the role and responsibilities of a notary in confirming the agreement to borrow a name (nominee) related to movable property that is detrimental to the parties in the decision of Decision Number 5/Pdt.G/2022/PN Stb …

Kewenangan Dan Tanggung Jawab Notaris Berkaitan Dengan Bukti-Bukti Yang Diserahkan Para Pihak Untuk Pelaksanaan Surat Perjanjian Bersama (Studi Kasus Putusan Pengadilan Negeri Medan Nomor 693/Pdt.G/2021/Pn Mdn), Moudy Khanza

Indonesian Notary

This article analyzes the authority and responsibilities of a notary in matters relating to the evidence submitted by the parties for the implementation of the joint agreement (Case Study of Medan District Court Decision Number 693/Pdt.G/2021/PN Mdn). The problem formulated is firstly regarding the notary’s authority to store files relating to the deed, and secondly, the notary’s responsibilities are related to storing files for the implementation of the collective agreement related to Medan District Court decision Number 693/Pdt.G/2021/PN Mdn, where the agreement contains a joint agreement between party A and party W regarding the issue of reporting land disputes at …

Bernard Parks, Jr. V. Kelly King, Order On Motion To Dismiss Appeal, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Delta Air Lines, Inc., V. Crowdstrike, Inc., Order On Motion To Compel, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Alpharetta Underwriters, Llc V. Argonaut Mgmt. Svcs., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

The Law On Deposits In Singapore, Tiong Min Yeo

Singapore Law Journal (Lexicon)

This article traces the development of the law of deposits in Singapore and reviews the restatement of the law in the 2024 landmark decision of the Court of Appeal in Li Jialin v Wingcrown Investments Pte Ltd, as well as some of the issues left open by the decision. It is argued that while the decision has clarified that deposits are not subject to the penalty rule but instead subject to the common law test of reasonableness—with the practical consequence that, with clear drafting, contracting parties can rely on the validity of reasonable deposit clauses without the complication of …

Revisiting Letters Of Credit And The Enforceability Of Sanctions Clauses: Case Comment: Kuvera Resources Pte Ltd V Jpmorgan Chase Bank, N.A., Bing Feng, Keith Law

Singapore Law Journal (Lexicon)

This article is a case commentary on the recent Singapore Court of Appeal decision of Kuvera Resources Pte Ltd v JPMorgan Chase Bank, N.A. [2023] 2 SLR 389. It begins with a brief review of the structure of documentary credit transactions before setting out the judgments by the High Court and Court of Appeal. The commentary then examines how both courts rationalised letters of credit within the traditional framework of unilateral contracts, before scrutinising the current position of sanctions clauses within letters of credit. It disagrees with the Court of Appeal’s hesitance towards accepting such clauses, noting that the unilateral …

Empirical Methods In Contract Law, Monika Leszczynska

Faculty Scholarship

Researchers employ various empirical methods to provide insights into contractual legal issues. For instance, systematic content analysis has been used to examine the terms of contracts or court judgments in contractual disputes. This approach, though different from doctrinal methods, enhances our understanding of legal content. Surveys and experimental methods, on the other hand, provide evidence on people's perceptions of contract terms or contractual behavior such as consent, misrepresentation, or breach. The findings from these studies inform contract law theories, which are based on assumptions about behavior in contractual relationships. Empirical studies also strengthen arguments in normative research by providing evidence …

Remedies For Non-Disclosure In Asset Sales: Voidance Vs. Damages, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

This paper analyzes the problems of non-disclosure in the context of an asset sale between a buyer and a seller. The seller can have important information about the asset and can opportunistically decide not to disclose that information to the buyer, and the buyer may sue the seller ex post for remedy. The buyer and the court have a choice over different types of remedy. The paper considers three different remedy regimes: (1) no liability; (2) voidance; and (3) damages. Under voidance, the buyer can rescind the transaction (return the asset and get the price back), while with damages, the …

Legal Perspectives On Information Asymmetry In Investor Selection For Public-Private Partnership Projects Under O&M Contract, Nhu Thi Thuy Cao, An Quoc Chau, Sang Minh Luu, Thao Minh Phuong Ngo, Ha Loc Pham, Anh Phuong Nguyen

Indonesia Law Review

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The …

Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan

Northwestern University Law Review

In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …

Merger Remedies Unbound, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min

Law & Economics Working Papers

How should foundational contract law doctrines apply to corporate mergers? This Article argues that recent changes in Delaware law grant parties expansive contractual freedom to define their preferred remedies in merger agreements, untethered from the limits imposed by traditional contract law. A new provision in the Delaware corporate code permits penalty clauses in merger agreements, departing from the traditional “anti-penalty doctrine” that forbids punitive liquidated damages in contract. Delaware courts have also shown deference to specific performance provisions, treating them as presumptively enforceable commitments instead of retaining their traditional judicial discretion over the choice of remedies. Given that Delaware law …

Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025), Mark Gergen, Gregory Klass, Daniel Markovits

Georgetown Law Faculty Publications and Other Works

In Vera Institute of Justice v. Department of Justice, as in a raft of other cases involving constitutional, statutory, and regulatory challenges to the rapid mass cancellation of federal grants or grant programs, the government has deployed jurisdictional arguments in an effort to restrict the judiciary’s ability to review the legality of executive actions. Specifically, the government has attempted to confine jurisdiction over the plaintiffs’ claims to the Federal Court of Claims, which is powerless to remedy the alleged violations. The arguments by which the government would deny judicial review of the plaintiffs’ claims conflate two distinct considerations: first, …

American Plastics, Llc, V. Home Depot Product Authority, Llc, Order On Motion To Compel Discovery, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead