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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 Yong Pung How 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 ...


Systemic Risk Of Contract, Tal Kastner 2022 Brigham Young University Law School

Systemic Risk Of Contract, Tal Kastner

BYU Law Review

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this ...


Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros 2022 University of Minnesota Law School

Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros

Minnesota Journal of Law, Science & Technology

No abstract provided.


You’Ve Got To Have (Good) Faith: Good Faith’S Trajectory In Anglo-Canadian Contract Law Post-Wastech And The Potential For A Duty To Renegotiate, Vanessa Di Feo 2022 University of Toronto Faculty of Law

You’Ve Got To Have (Good) Faith: Good Faith’S Trajectory In Anglo-Canadian Contract Law Post-Wastech And The Potential For A Duty To Renegotiate, Vanessa Di Feo

Dalhousie Law Journal

This paper argues that the organizing principle of good faith should be judicially developed to include a duty to renegotiate in situations of hardship. It looks to the French Civil Code and the UNIDROIT Principles for guidance, in addition to Canadian law’s receptibility to an incrementally expanded principle of good faith. Although the Supreme Court of Canada rejected hardship in the 2018 case of Churchill Falls (Labrador) Corp v Hydro-Québec, it did not forever close the door to this doctrine in Québec in situations of true financial peril. Given the “judicial dialogue” between Québec civil law obligations and Anglo-Canadian ...


Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed 2022 American University in Cairo

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human ...


International Contracts, William P. Johnson, Sabin Volciuc-Ionescu, Catalin-Sergiu Dinu, Katya Logunov, Adrian Lucio Furman, Adam Rose, Willem den Hertog 2022 Southern Methodist University

International Contracts, William P. Johnson, Sabin Volciuc-Ionescu, Catalin-Sergiu Dinu, Katya Logunov, Adrian Lucio Furman, Adam Rose, Willem Den Hertog

The Year in Review

No abstract provided.


Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


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.


The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos 2022 University of Mississippi

The Implementation Of An Authenticity Clause In Social Media Influencers' Contracts, Sarah Tonos

Honors Theses

In the age of social media influencers turning social media platforms into jobs– monetizing pictures of their cats, dancing for dollars, or even making a mockery of themselves for fame and money, the question of whom to trust or distrust has become increasingly important among consumers. As more brands are starting to collaborate with influencers, it is essential to acknowledge the current relationship among all parties involved, including the Federal Trade Commission. There is currently a blurred line among trust, distrust, authenticity, and reliability during sponsorships. The common question among consumers is whether social media influencers believe in the brand ...


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 ...


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.


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.


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