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International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...


Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park 2022 University of Cincinnati College of Law

Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park

University of Cincinnati Law Review

There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.


Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens 2022 Villanova University Charles Widger School of Law

Terminating College Head Coaches' Employment With Cause For Ncaa Rules Infractions, Josh Lens

Villanova Law Review

No abstract provided.


Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan 2022 University of Nebraska-Lincoln

Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan

College of Law, Faculty Publications

The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability ...


Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen

Nevada Law Journal Forum

The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over ...


The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith 2022 Purdue University

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U ...


Catching Up To A New Normal: The Effects Of Shifting Industry Standards On Contract Interpretation, Karen Chen 2022 Fordham University School of Law

Catching Up To A New Normal: The Effects Of Shifting Industry Standards On Contract Interpretation, Karen Chen

Fordham Law Review

During the COVID-19 pandemic, industries around the world were forced to adapt to a new way of life dictated by rising public health concerns. The pandemic’s rapid spread left parties struggling to determine whether contractual performance would be excused or reinterpreted. Issues of prevailing industry standards arose and brought into question the point at which parties and courts should define these standards. While some parties argued that industry standards at the time of contract formation are determinative of performance, others claimed that their agreement referenced industry standards that had changed and that, therefore, their performance obligations had changed as ...


Contract's Convert Meddlers, Sarah Winsberg 2022 Climenko Fellow and Lecturer in Law, Harvard Law School

Contract's Convert Meddlers, Sarah Winsberg

Notre Dame Law Review

Scholars of contract law typically examine contracts as bargains between two parties. This approach elides an additional, key function of many contracts: to shape existing relationships to the satisfaction of a third party, often one more economically powerful than either of the two bargainers. Third-party litigants, especially creditors, have historically advocated for their own interests and interpretive paradigms so strongly that they have sometimes gained priority over the actual intentions of the two bargainers.

This Article recovers the story of how a group of frequent-flier third parties—mainly creditors of small businesses—shifted the rules of contracts between partners in ...


The Impending Collision Of Smart Contracts And The Automatic Stay, Carter D. Wietecha 2022 Candidate for Juris Doctor, Notre Dame Law School 2022

The Impending Collision Of Smart Contracts And The Automatic Stay, Carter D. Wietecha

Notre Dame Law Review

This Note begins by briefly examining the nature and function of smart contracts, including how they have changed over time. Next, it evaluates the relevant language of Code provisions dealing with the automatic stay and discusses decisions treating the interaction of early generation smart contracts with the automatic stay. It concludes with a discussion of how the Supreme Court’s recent decision in City of Chicago v. Fulton has significantly changed the legal landscape for smart contracts and how the automatic stay will likely interact with smart contracts in the near future.


Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman 2022 Cleveland-Marshall College of Law

Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman

Cleveland State Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the ...


Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman 2022 Barry University School of Law

Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman

Cleveland State Law Review

In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their ...


Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley 2022 Villanova University Charles Widger School of Law

Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Roadmap For Suing The Nfl: How San Diego Taxpayers Are Using St. Louis’ Success As A Plan In Their Own Suit Over Relocation, And Will It Pay Off?, Allison Frisella 2022 Saint Louis University School of Law

A Roadmap For Suing The Nfl: How San Diego Taxpayers Are Using St. Louis’ Success As A Plan In Their Own Suit Over Relocation, And Will It Pay Off?, Allison Frisella

SLU Law Journal Online

Last year, the city of St. Louis forced an unprecedented settlement against the Rams, Stan Kroenke, and the National Football League over relocation of the Rams. In this article, Allison Frisella covers how St. Louis' lawsuit can be used as a successful "roadmap" to sue the NFL, and how recent lawsuits filed by San Diego Taxpayers over relocation of the Chargers did just that. The article evaluates the claims made by St. Louis, how San Diego Taxpayers used similar claims in their complaints against the league, and if their successes will be the same as St. Louis.


Liability For Non-Disclosure In Equity Financing, Albert H. Choi, Kathryn E. Spier 2022 University of Michigan Law School

Liability For Non-Disclosure In Equity Financing, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

The paper analyzes the effects of holding firms liable for non-disclosure of material information when raising capital. We develop a model in which a privately-informed entrepreneur can choose to withhold information from prospective investors when issuing and selling stock and the investors can bring suit against the firm ex post for (alleged) non-disclosure. The damage payment received by the investors is partially offset by the reduced value of their equity stake. The analysis shows that the equilibrium depends on, among others, (1) the amount of personal capital the entrepreneur has to commit, (2) the frequency with which the entrepreneur is ...


A Negotiated Instrument: Proposing A Safer Contract For Consumers (And Not Just A Smarter One), Michael S. Lewis 2022 Georgia State University College of Law

A Negotiated Instrument: Proposing A Safer Contract For Consumers (And Not Just A Smarter One), Michael S. Lewis

Georgia State University Law Review

In this Article, I propose a new standard for determining what constitutes assent, as a matter of contract formation, within the domain of electronic consumer contracting. The threshold test should reject the “take-it-or-leave-it” arrangement dominant in the marketplace and reified by recent proposals before the American Law Institute (“ALI”) under the moniker “blanket assent.” The new standard should reject blanket assent in favor of a default rule that would require any electronic form proposing contract terms to permit at least a minimal amount of negotiation around terms seeking waiver of rights from consumers. I propose this rule as a more ...


Contractual Stakeholderism, Kishanthi Parella 2022 Washington and Lee University School of Law

Contractual Stakeholderism, Kishanthi Parella

Scholarly Articles

In 2019, the Business Roundtable announced its commitment to all corporate stakeholders—consumers, employees, suppliers, and communities—and not just shareholders. This announcement has reawakened an old debate over corporate social responsibility. Stakeholderism advocates argue that corporate leaders must consider the interests of the various stakeholders impacted by corporate decision-making. Stakeholderism critics challenge this view, expressing concerns that stakeholderism will magnify managerial agency costs, chill regulation, risk inauthenticity, and lead to impractical solutions.

This Article proposes “contractual stakeholderism” to operationalize stakeholderism in accordance with the views of its advocates but in a way that is attentive to the concerns of ...


Force Majeure & The Coronavirus Pandemic’S Effect On Contractual Obligations, Mack Miner 2022 Saint Louis University School of Law

Force Majeure & The Coronavirus Pandemic’S Effect On Contractual Obligations, Mack Miner

SLU Law Journal Online

With the rise of the Covid-19 pandemic, some businesses found themselves unable to perform on their contracts due to Covid-19's unpredictable nature, government orders, and a variety of other factors. Many contracting parties responded to the unpredictability by invoking force majeure to avoid performance. In his article, Mack Miner considers revising force majeure clauses to read less like boilerplate language and include specific pandemic-like events to help to ensure future force majeure issues are successfully invoked.


Is The Biggest Offer The Best Offer?, Alyssa Croft 2022 South Texas College of Law Houston

Is The Biggest Offer The Best Offer?, Alyssa Croft

Pace Intellectual Property, Sports & Entertainment Law Forum

Many people strive to be professional athletes because of the respect and accomplishment it receives. You make a lot of money, it can be glamorous, you are in commercials and magazines, and sometimes even movies. However, there are some things people do not think about when it comes to professional athletes. One of the biggest is taxation! There are so many different things athletes must think about and do because of taxes so they can take home the most amount of money possible. Athletes must be careful about who they hire to help them with their taxes because they want ...


If Past Is Prologue, Then The Future Is Bleak: Contracts, Covid–19, And The Changed Circumstances Doctrines, Danielle K. Hart 2022 Southwestern Law School

If Past Is Prologue, Then The Future Is Bleak: Contracts, Covid–19, And The Changed Circumstances Doctrines, Danielle K. Hart

Texas A&M Law Review

At the heart of most of the systemic problems currently confronting individuals and businesses as a result of the COVID–19 pandemic is quite literally a contract. Housing. Insurance. Food. Health care. Child care. Employment. Manufacturing. Construction. Supply chains. You name it. Contracts are implicated everywhere. So make no mistake: How contract law addresses these ostensibly private contracts will have profound social consequences. If the past really is prologue, then the future is indeed bleak. The empirical study conducted for this Article establishes what the conventional wisdom has claimed for the last 70 years. More specifically, the empirical study here ...


Assent Uber Alles: Enforcing Browsewrap Agreements In Smartphone Applications, Emma F. Duke 2022 Mercer University School of Law

Assent Uber Alles: Enforcing Browsewrap Agreements In Smartphone Applications, Emma F. Duke

Mercer Law Review

When a smartphone user browses a website or downloads a new application (app), the user will most likely be met by a pop-up or hyperlink providing the infamous “terms and conditions.” How many users click and explore the terms and conditions posed by the website or app before clicking “I Agree” and continuing on? Unbeknownst to most users, the terms contained within that seemingly insignificant link can have long-standing consequences if litigation were to arise.

The terms and conditions hyperlink a smartphone user often sees when signing on to an app is called, in the world on internet contracts, a ...


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