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Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor 2019 Boston College Law School

Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor

Boston College Law Review

On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnology, that forcing specific performance of a trademark license after a contract rejection in a bankruptcy case would be contrary to the plain-language of Section 365(n) of the Bankruptcy Code and conflict with the goal of providing debtors with a “fresh start.” In so doing, the First Circuit joined the Fourth Circuit in a split with the Seventh Circuit, which has characterized a contract rejection as a breach in the context of non-bankruptcy law, therefore not extinguishing any trademark license rights ...


The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger 2019 Chicago-Kent College of Law

The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger

Chicago-Kent Law Review

No abstract provided.


The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin 2019 Cornell University

The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin

Chicago-Kent Law Review

Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers ...


A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne 2019 Touro College Jacob D. Fuchsberg Law Center

A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne

Journal of Race, Gender, and Ethnicity

No abstract provided.


Hushing Contracts, David A. Hoffman, Eric Lampmann 2019 University of Pennsylvania Law School

Hushing Contracts, David A. Hoffman, Eric Lampmann

Faculty Scholarship at Penn Law

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...


The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen 2019 University of Oklahoma College of Law

The Duty Dilemma: When The Duty To Mitigate Damages And The Duty To Preserve Evidence Collide, Collen L. Steffen

Oklahoma Law Review

No abstract provided.


Curb Your Enthusiasm: The Real Implications Of Blockchain In The Legal Industry, Justin Evans 2018 Pepperdine University

Curb Your Enthusiasm: The Real Implications Of Blockchain In The Legal Industry, Justin Evans

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright 2018 University of Georgia School of Law Library

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to help clarify ...


Gst Contract Review, Vincent OOI 2018 Singapore Management University

Gst Contract Review, Vincent Ooi

Research Collection School Of Law

GST contract review—overviewTax lawyers are often asked to review a commercial contracts from a Goods Services Tax (“GST”) perspec-tive. This note focuses on contracts for the supply of services or goods, and not a contract for the sale and purchase of a business.Understanding the GST consequences of the contractThe contract that you are asked to review will usually contain a GST clause, but it is insufficient to look only at that clause. As further explained in Practice Note: How to review a commercial contract for GST purposes, you should also review the whole contract so that you can ...


Lady Justice Cannot Hear Your Prayers, Deborah Ogali 2018 Fordham University School of Law

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a ...


Reversing The Reliance Revolution In Contract, Eric Alden 2018 University of Washington School of Law

Reversing The Reliance Revolution In Contract, Eric Alden

Washington Law Review

During the past century, leading American academics have attempted to rewrite in radically altered form the theoretical foundation of liability in contract. In derogation of the historical bases for contractual liability in Anglo-American law, namely voluntary mutual exchange and “formal” contract, these intellectual revolutionaries desire to impose strict liability in contract on the basis of unilateral, unbargained-for reliance. The centerpiece of this revisionist effort has been the novel and artificial doctrine of “promissory estoppel,” first advanced by Williston and Corbin in the Restatement of the Law of Contracts published in 1932. The invention of this doctrine has been accompanied by ...


The Error Theory Of Contract, Matthew A. Seligman 2018 University of Maryland Francis King Carey School of Law

The Error Theory Of Contract, Matthew A. Seligman

Maryland Law Review

Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.

The Article will then argue that people’s false beliefs about contract doctrine pose a ...


Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews 2018 Fordham University School of Law

Forbidden Friending: A Framework For Assessing The Reasonableness Of Nonsolicitation Agreements And Determining What Constitutes A Breach On Social Media, Erin Brendel Mathews

Fordham Law Review

Social media has changed the way people conduct their day-to-day lives, both socially and professionally. Prior to the proliferation of social media, it was easier for people to keep their work lives and social lives separate if they so wished. What social media has caused people to do in recent years is to blend their personal and professional personas into one. People can choose to fill their LinkedIn connections with both their clients and their college classmates, they can be Facebook friends with their coworkers right along with their neighbors, and they can utilize social media sites to market themselves ...


What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright 2018 University of Georgia School of Law Library

What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright

Presentations

Now that you know the foundations of enforceable contracts, and want to have more familiarity with some nuts and bolts of contract language to become a better negotiator for your institutions, you will want to take this second webinar.
Participants will learn:
• What are the basic provisions or clauses of a contract?
• What do these provisions obligate my institution to do?
• What do these provisions obligate the other party to do?
• What rights does my institution have if the other party breaks its obligations?


Contracts That Impede Entry By More Efficient Telecommunications Rivals, Stanley M. Besen, Bridger M. Mitchell 2018 CRA International, Inc.

Contracts That Impede Entry By More Efficient Telecommunications Rivals, Stanley M. Besen, Bridger M. Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.


Contract Basics For Librarians And Others In Higher Ed, Stephen Wolfson, Mariann Burright 2018 University of Georgia School of Law Library

Contract Basics For Librarians And Others In Higher Ed, Stephen Wolfson, Mariann Burright

Presentations

If you have signature or negotiation authority for your institution, and would like to get an overview of contracts to learn what your institution’s rights and obligations may be under a contract, this session is for you! Participants will learn:

• Why it is important to understand how contracts work?
• What does it mean for a contract to be enforceable in a US court?
• How is an enforceable contract formed?
• What could lead to contract breach?


If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad 2018 Boston College Law School

If Anyone Is Listening, #Metoo: Breaking The Culture Of Silence Around Sexual Abuse Through Regulating Non-Disclosure Agreements And Secret Settlements, Vasundhara Prasad

Boston College Law Review

Secrecy is an ally of sexual violence. For decades, victims of sexual abuse have remained silent about their experiences. The recent emergence of the #MeToo movement in the aftermath of the scandals surrounding movie mogul Harvey Weinstein and television personalities Roger Ailes and Bill O’Reilly raises larger questions about whether employers are partly to blame because of the widespread use of non-disclosure agreements in settlements. The movement, while exposing the magnitude of the problem, also makes it clear that silencing victims’ speech means that sexual violence will never truly be settled. This Note argues that non-disclosure agreements in cases ...


Who Can “Seize The Day?”: Analyzing Who Is An “Employee” For Purposes Of Unionization And Collective Bargaining Through The Lens Of The “Newsie” Strike Of 1899, Hannah Esquenazi 2018 Boston College Law School

Who Can “Seize The Day?”: Analyzing Who Is An “Employee” For Purposes Of Unionization And Collective Bargaining Through The Lens Of The “Newsie” Strike Of 1899, Hannah Esquenazi

Boston College Law Review

In the summer of 1899, the Newsboys of New York banded together, formed a union, and began to “strike” against two of the city’s largest newspapers in response to a price increase. After a two-week struggle, the newspaper companies agreed to compromise by buying back any unsold papers at the end of the day from the Newsboys. They did not, however, agree to the Newsboys’ classification of the effort as a “strike.” The newspapers saw this as a boycott of non-employees, or independent contractors. After the turn of the century, Congress began to pass laws protecting employees, and in ...


Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School of Law 2018 Providence Journal

Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Deal Structure, Cathy Hwang, Matthew Jennejohn 2018 Northwestern Pritzker School of Law

Deal Structure, Cathy Hwang, Matthew Jennejohn

Northwestern University Law Review

Modern commercial contracts—those governing mergers and acquisitions and financial derivatives, for instance—have become structurally complex and interconnected. Yet contract law largely ignores structural complexity. This Article develops a theory of “contractual structuralism” to explain the important role of structure in every aspect of contract law, from the design of a contract to courts’ interpretation and enforcement.

For generations, scholars have debated whether a court should consider only the text of a contract or also consider broader context to determine parties’ intent. More recently, scholars have shown that parties can choose between textual and contextual interpretation by drafting a ...


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