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Articles 2581 - 2610 of 7560
Full-Text Articles in Contracts
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.
Patent Privateers And Antitrust Fears, Matthew Sipe
Patent Privateers And Antitrust Fears, Matthew Sipe
Michigan Telecommunications & Technology Law Review
Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Sharing Risk In The Sharing Economy: Insurance Regulation In The Age Of Uber, Alexander B. Traum
Sharing Risk In The Sharing Economy: Insurance Regulation In The Age Of Uber, Alexander B. Traum
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
Indiana Journal of Global Legal Studies
This article considers how legal frameworks shape the autonomous subject in a global economy. It makes salient the ways that different legal frameworks presume and enforce a particular subjectivity by positing certain behavioral expectations of various subjects. It does so through a focus on the underexplored rhetoric and implicit narratives of consumer contract law and transactional practice in the American and European regimes. By comparing the approach of the European Union to consumer contract, which posits the consumer as facing significant constraints on agency, to that in the United States, which elides functional limits of consumer knowledge and choice, this …
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
2016 Cardozo Public Law, Policy, And Ethics Journal Symposium
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
The Unfinished Business Of Dodd-Frank: Reforming The Mortgage Contract, Christopher K. Odinet
The Unfinished Business Of Dodd-Frank: Reforming The Mortgage Contract, Christopher K. Odinet
Faculty Scholarship
The standard residential mortgage contract is due for a reappraisal. The goals of Dodd-Frank and the CFPB are geared toward creating better stability in the residential mortgage market, in part, by mandating more robust underwriting. This is achieved chiefly through the ability-to-repay rules and the “qualified mortgage” safe harbor, which call for very conservative underwriting criteria to be applied to new mortgage loans. And lenders are whole-heartedly embracing these criteria in their loan originations — in the fourth quarter of 2015 over 98% of all new residential loans were qualified mortgages, thus resulting in a new wave of credit-worthy homeowners …
Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland
Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland
Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Georgia Journal of International & Comparative Law
No abstract provided.
Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger
Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger
Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis
U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis
Catholic University Law Review
In an effort to provide more clarity to a highly confusing area of law, Professor Timothy Davis surveyed ninety-four cases decided between January 1, 2005 and July 1, 2015 to see when additional terms in contracts constitute a material alteration under the U.C.C. The Article identifies the various factors that courts will consider to determine the issue, including (1) the subject matter of the additional term; (2) the test adopted for determining materiality; (3) the conduct of the parties; (4) the presence of course of dealing evidence; and (5) the language of comments four to U.C.C. section 2-207. Moreover, the …
A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell
A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell
Articles
This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I …
Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner
Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long
Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Standard Investment Agreement: Text And Comments, Philippe Kahn
The Standard Investment Agreement: Text And Comments, Philippe Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland
Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
990 Brady Ave. Llc Order On Defendant's Motion To Dismiss, Or Motion For Judgment On The Pleadings, John J. Goger
990 Brady Ave. Llc Order On Defendant's Motion To Dismiss, Or Motion For Judgment On The Pleadings, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Cleveland State Law Review
The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes …
Home Is Where The Confusion Is: Pennsylvania Formally Adopts The "Gist Of The Action" Doctrine And Builds A House For Ambiguity In Bruno V. Erie Insurance Co., Lauren Anthony
Villanova Law Review (1956 - )
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.
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Faculty Scholarship
On March 18, 2016, and March 22, 2016, a jury awarded Terry Bollea (a.k.a Hulk Hogan) a total of $140 million in compensatory and punitive damages against Gawker Media for posting less than two minutes of a video of Hulk Hogan having sex with his best friend’s wife. The award was based upon a finding that Gawker intentionally had invaded Hulk Hogan’s privacy by posting the video online. The case has been receiving extensive media coverage because it is a tawdry tale involving a celebrity, betrayal, adultery, sex, and the First Amendment. The case likely will be remembered by most …