Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (1433)
- Business Organizations Law (1079)
- Law and Economics (850)
- Torts (829)
- Legal Profession (814)
-
- Land Use Law (730)
- Property Law and Real Estate (730)
- State and Local Government Law (702)
- International Law (696)
- Banking and Finance Law (688)
- Constitutional Law (669)
- Dispute Resolution and Arbitration (631)
- Labor and Employment Law (619)
- Legislation (603)
- Civil Law (598)
- Courts (589)
- Insurance Law (570)
- Family Law (556)
- Legal History (552)
- Jurisprudence (544)
- Administrative Law (531)
- Business (531)
- Bankruptcy Law (526)
- Comparative and Foreign Law (513)
- Intellectual Property Law (497)
- International Trade Law (486)
- Litigation (484)
- Civil Procedure (473)
- Institution
-
- University of Michigan Law School (1067)
- Universitas Indonesia (642)
- Yeshiva University, Cardozo School of Law (335)
- Seattle University School of Law (312)
- Georgia State University College of Law (310)
-
- Maurer School of Law: Indiana University (212)
- Columbia Law School (209)
- University of Colorado Law School (196)
- University of Kentucky (167)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (160)
- West Virginia University (159)
- William & Mary Law School (152)
- Vanderbilt University Law School (147)
- Singapore Management University (145)
- University of Washington School of Law (121)
- Villanova University Charles Widger School of Law (108)
- Cornell University Law School (107)
- University of Georgia School of Law (107)
- University at Buffalo School of Law (94)
- Washington and Lee University School of Law (94)
- UIC School of Law (90)
- Brooklyn Law School (88)
- Texas A&M University School of Law (85)
- University of Richmond (85)
- Eastern Illinois University (83)
- Touro University Jacob D. Fuchsberg Law Center (82)
- American University Washington College of Law (79)
- University of Maryland Francis King Carey School of Law (77)
- Georgetown University Law Center (76)
- Duke Law (75)
- Keyword
-
- Contracts (1080)
- Contract (297)
- Contract law (253)
- Arbitration (160)
- Uniform Commercial Code (145)
-
- Corporations (113)
- Liability (111)
- Collective bargaining (108)
- Law (108)
- Breach of contract (105)
- Damages (93)
- UCC (93)
- Higher education (91)
- Unions (86)
- Commercial Law (84)
- Labor relation (80)
- Fraud (78)
- Remedies (73)
- Insurance (72)
- Negligence (70)
- Notaris (67)
- Sales (65)
- Contract Law (64)
- Economics (64)
- Property (64)
- Contract theory (63)
- United States (63)
- Investment (61)
- Corporate Law (60)
- Jurisprudence (59)
- Publication Year
- Publication
-
- Michigan Law Review (846)
- Faculty Scholarship (556)
- Indonesian Notary (457)
- Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions (296)
- Seattle University Law Review (289)
-
- Articles (170)
- West Virginia Law Review (158)
- Kentucky Law Journal (138)
- Indiana Law Journal (133)
- Faculty Publications (127)
- Research Collection Yong Pung How School Of Law (125)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (123)
- Cardozo Law Review (112)
- Scholarly Works (106)
- Vanderbilt Law Review (98)
- Washington Law Review (90)
- Buffalo Law Review (86)
- Villanova Law Review (1956 - ) (85)
- National Center Newsletters (80)
- Cornell Law Faculty Publications (79)
- Georgetown Law Faculty Publications and Other Works (73)
- Nevada Supreme Court Summaries (73)
- Proche-Orient, Études juridiques (70)
- ExpressO (67)
- William & Mary Law Review (64)
- Washington and Lee Law Review (61)
- UIC Law Review (59)
- Cardozo Arts & Entertainment Law Journal (57)
- Maryland Law Review (56)
- Lex Patrimonium (52)
- Publication Type
- File Type
Articles 2611 - 2640 of 7560
Full-Text Articles in Contracts
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 …
Matthew H. Patton Order Denying Motion For Partial Judgment On Pleadings, Melvin K. Westmoreland
Matthew H. Patton Order Denying Motion For Partial Judgment On Pleadings, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Insurability Of Claims For Restitution, Christopher French
The Insurability Of Claims For Restitution, Christopher French
Faculty Scholarship
Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be allowed to benefit …
Ncr Corp. Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner
Ncr Corp. Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
Seattle University Law Review
Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois District …
Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland
Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Slave Contracts And The Thirteenth Amendment, John C. Williams
Slave Contracts And The Thirteenth Amendment, John C. Williams
Seattle University Law Review
The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
Journal of Intellectual Property Law
No abstract provided.
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
Journal of Intellectual Property Law
No abstract provided.
Infancy, Statutes Of Fraud And Limitations
Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment, Melvin K. Westmoreland
Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Souza Order On Motions For Summary Judgment, Elizabeth E. Long
Souza Order On Motions For Summary Judgment, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Journal of Intellectual Property Law
No abstract provided.
The Restatement (Second) Of Contracts § 211: Unfulfilled Expectations And The Future Of Modern Standardized Consumer Contracts, Eric A. Zacks
The Restatement (Second) Of Contracts § 211: Unfulfilled Expectations And The Future Of Modern Standardized Consumer Contracts, Eric A. Zacks
William & Mary Business Law Review
By any measure, section 211 of the Restatement (Second) of Contracts is a disappointment. The section purported to ensure the benefits of standardized contracts by presuming assent to all terms when a contract is signed or adopted. At the same time, section 211 made it unreasonable for drafting parties to rely on terms if the drafter knew or should have known that the other party would not have assented had the other been aware of such terms. Nevertheless, section 211 is rarely cited with respect to any standardized contract dispute, and even where cited, it rarely provides relief to the …
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
Pace Law Review
This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Journal of Intellectual Property Law
No abstract provided.
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Journal of Intellectual Property Law
No abstract provided.
Collentine Order On Defendant's Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings On, The Appealing Plaintiffs' Claims, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Collentine Order On Plaintiffs' Motion To Compel, John J. Goger
Collentine Order On Plaintiffs' Motion To Compel, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Embracing Third-Party Litigation Finance, David R. Glickman
Embracing Third-Party Litigation Finance, David R. Glickman
Florida State University Law Review
No abstract provided.
Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern
Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern
University of Michigan Journal of Law Reform
This Article considers several foundational questions concerning the formation of general partnerships, a topic that has received little modern attention and that is governed largely by classical axioms rather than adaptive modern considerations. Its three main topics concern (1) the timing of partnership formation, (2) the aggregation of multiple distinct questions under the single heading of “partnership formation,” and (3) the rarely challenged proposition that general partners ought to be liable for partnership obligations, a doctrine that is surprisingly at odds with the rest of modern business-entity law.
Healthcare And The Balance-Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Healthcare, George A. Nation Iii
Healthcare And The Balance-Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Healthcare, George A. Nation Iii
Villanova Law Review (1956 - )
No abstract provided.
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton
Indiana Law Journal
In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase Theorem often is a good reason to use defaults rather than mandatory rules or standards. But neither the theorem nor reference to a transaction-costless world sustains particular defaults. To set an efficient default, the law should guide courts toward supplying terms that parties should have adopted …
Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr
Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr
Articles
In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …
Resourcecontracts.Org – A Searchable Repository For Publicly Available Mining And Petroleum Contracts, Sophie Thomashausen
Resourcecontracts.Org – A Searchable Repository For Publicly Available Mining And Petroleum Contracts, Sophie Thomashausen
Columbia Center on Sustainable Investment Staff Publications
ResourceContracts.org is an online, searchable and user-friendly repository of publicly available mining and petroleum contracts from around the world. It currently includes over 1,000 from 72 countries. In addition to PDF scans of each executed contract, the site includes: the full text of contracts in searchable format; plain language summaries of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for searching and comparing contracts. Users can search contracts by country, natural resource, year, by type of contract, company, corporate group, or by annotation category.
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
Buffalo Law Review
No abstract provided.
Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner
Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Michigan Law Review
Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of veracity. The book …
Death To Semelhago!, Bruce Ziff
Death To Semelhago!, Bruce Ziff
Dalhousie Law Journal
In the 1996 decision of the Supreme Court of Canada in Semelhago v. Paramadevan, Justice John Sopinka stated that it is no longer appropriate to assume that specific performance will issue as a matter of course to enforce a contract for the sale of land. Before performance will be ordered, it must be proven (and not assumed) that common law damages for breach of contract will not suffice to do justice. In this article, Semel hago and the case law generated in its aftermath will be reviewed, and the policy arguments pertaining to the current law addressed. In short, it …