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6,453 full-text articles. Page 1 of 144.

The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata 2021 mtata113@my.ggu.edu

The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata

Golden Gate University Law Review

The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to ...


Consumer Protection In Ecommerce: A Case Study Of Egypt, heba habib 2021 American University in Cairo

Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib

Theses and Dissertations

This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national ...


Contracting In Direct Asset Sales, Xin Yuan 2021 The Graduate Center, City University of New York

Contracting In Direct Asset Sales, Xin Yuan

Dissertations, Theses, and Capstone Projects

Using a unique, hand-collected dataset of direct asset sales agreements in the SEC filings, I provide the first large-sample evidence on how contracting mechanisms are used to mitigate information frictions in these important transactions. The conflict of interests is unique because the scarcity of asset-specific financial information makes target assets difficult to value and monitor, especially when such transactions are usually consummated in a short period. I first show an extensive use of representations and warranties, covenants, and special payment arrangements in these contracts when severe information asymmetry exists between buyers and sellers. Importantly, further results suggest that these contracting ...


Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young 2021 Villanova University Charles Widger School of Law

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Independent Craft Breweries Struggle Under Distribution Laws That Create A Power Imbalance In Favor Of Wholesalers, Daniel Croxall 2021 William & Mary Law School

Independent Craft Breweries Struggle Under Distribution Laws That Create A Power Imbalance In Favor Of Wholesalers, Daniel Croxall

William & Mary Business Law Review

Independent craft breweries are facing historic challenges under the COVID-19 pandemic. To make matters worse, many states prohibit a brewery from terminating a distribution contract with a wholesaler absent statutorily defined “good cause,” which typically means fraud, bankruptcy, or other illegal conduct. In this context, lagging sales or poor distribution performance are not grounds for a brewery to terminate a distribution contract. This means that it is nearly impossible, legally or financially, for an independent craft brewery to terminate a distribution contract with an unsatisfactory wholesaler. In essence, states have statutorily tipped the balance of power in favor of distributors ...


Response To The Cost Of Guilty Breach: What Work Is “Willful Breach” Doing?, Brian JM Quinn 2021 Boston College Law School

Response To The Cost Of Guilty Breach: What Work Is “Willful Breach” Doing?, Brian Jm Quinn

Boston College Law Review

The authors of The Cost of Guilty Breach have pointed out an interesting issue—why is it that merger agreements import into their contracts language of moral culpability to establish liability in connection with a breach of the agreement? The authors propose some persuasive hypotheses to explain the presence of “willful breach” language. In this brief response, I mostly agree with the authors and offer a few of my own thoughts about the merger contract and breach.


Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, 2021 Barry University School of Law

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act

Child and Family Law Journal

No abstract provided.


Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, 2021 Barry University School of Law

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact

Child and Family Law Journal

No abstract provided.


With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard 2021 St. Mary's University School of Law

With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard

St. Mary's Law Journal

Abstract forthcoming.


License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari 2021 Boston College Law School

License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari

Boston College Law Review

On March 13, 2020, in Photographic Illustrators Corp. v. Orgill, Inc., the U.S. Court of Appeals for the First Circuit held that, within copyright law, an implied sublicense is legally possible where a licensee’s nonexclusive license permits unrestricted sublicensing. This was an issue of first impression among the federal courts of appeals. This Comment argues that the First Circuit correctly concluded that implied sublicenses are legally possible and that the legal test for determining whether an implied sublicense exists must consider the relationship between the licensee and sublicensee. Nevertheless, because sublicensing necessarily excludes the copyright owner, applying a ...


Bargaining For Innovation, Elizabeth Winston 2021 Villanova University Charles Widger School of Law

Bargaining For Innovation, Elizabeth Winston

Villanova Law Review

No abstract provided.


The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati 2021 McGuire Woods LLP

The Cost Of Guilty Breach: Willful Breach In M&A Contracts, Theresa Arnold, Amanda Dixon, Madison Whalen Sherrill, Hadar Tanne, Mitu Gulati

Boston College Law Review

The traditional framework of United States private law that every first-year student learns is that contracts and torts are different realms—contracts is the realm of strict liability and torts of fault. Contracts, we learn from the writings of Justice Holmes and Judge Posner, are best viewed as options; they give parties the option to perform or pay damages. The question we ask is whether, in the real world, that is indeed how contracting parties view things. Using a dataset made up of one thousand mergers and acquisitions (M&A) contracts and thirty in-depth interviews with M&A lawyers, we ...


When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee VanHorn 2021 University of Arkansas, Fayetteville

When The Sanity Code Becomes The Insanity Code: Following O'Bannon's Lead Is The Key To Solving Group Licensing For Ncaa Student-Athletes, Lee Vanhorn

Arkansas Law Review

"Many times when you lose, it's the greatest opportunity to improve. You have this unique opportunity to make dramatic change that you probably couldn't make when things seem to be going right." A YouTube channel titled “Deestroying” displays unique talents of a Costa Rican immigrant named Donald De La Haye (“De La Haye”). De La Haye has a second channel, “KD Family,” and together, the channels have a combined 486 million views and more than three million subscribers. De La Haye majored in marketing at the University of Central Florida (“UCF”), but creates content for his YouTube channels ...


In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor 2021 Pepperdine University

In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons 2021 Brigham Young University

Beyond #Metoo: Addressing Workplace Sexual Misconduct Cases And The Targeted Use Of Non-Disclosure Agreements, Taylor Percival, Lane Gibbons

Brigham Young University Prelaw Review

Recent allegations against prominent figures have brought the targeted use of non-disclosure agreements (NDAs) in sexual misconduct cases to public knowledge. NDAs have historically been used in a variety of ways in such cases, but situations of coercion and uneven power dynamics often leave victims with no real choice, and they end up losing their right to speak publicly about their experiences. This paper discusses the history of NDAs in sexual misconduct cases, explores when and why their enforcement is unlawful, and proposes the adoption of federal legislation like the BE HEARD Act to limit the inappropriate use of NDAs.


An Analysis Of Applications Of The Restatement (Second) Of Contracts In Connecticut And The Restatement (Second) And (Third) Of Torts In Washington: Realizing The Restatements' Objectives In Practice, Brendan W. Clark 2021 Trinity College

An Analysis Of Applications Of The Restatement (Second) Of Contracts In Connecticut And The Restatement (Second) And (Third) Of Torts In Washington: Realizing The Restatements' Objectives In Practice, Brendan W. Clark

Senior Theses and Projects

No abstract provided.


Two Visions Of Contract, Hanoch Dagan 2021 Tel-Aviv University

Two Visions Of Contract, Hanoch Dagan

Michigan Law Review

A Review of Justice in Transactions: A Theory of Contract Law. by Peter Benson.


“A Waiver Of The Trial Itself”: The Constitutional Threats Of Extending United States V. Mezzanatto And Contractual Solutions, Cherylann M. Pasha 2021 Boston College Law School

“A Waiver Of The Trial Itself”: The Constitutional Threats Of Extending United States V. Mezzanatto And Contractual Solutions, Cherylann M. Pasha

Boston College Law Review

Prosecutors and criminal defendants resolve most cases through plea agreements. Often these agreements contain waivers of Federal Rule of Criminal Procedure 11(f) and Federal Rule of Evidence 410, which prevent the admission of statements made during plea discussions into evidence at criminal trial. In 1995, the U.S. Supreme Court in United States v. Mezzanatto held that such waivers are enforceable for impeachment purposes. Numerous U.S. Circuit Courts of Appeals have extended this holding by permitting the use of these statements for the prosecution’s rebuttal and case-in-chief. This Note asserts that the extension of Mezzanatto threatens the ...


Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean 2021 Universitas Indonesia

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

Dharmasisya

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration ...


Hatton V. Falcon Coal: Breach Of Contract Or Trespass To Realty?, Kelly J. Hobbs 2021 University of Kentucky

Hatton V. Falcon Coal: Breach Of Contract Or Trespass To Realty?, Kelly J. Hobbs

Journal of Natural Resources & Environmental Law

No abstract provided.


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