Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions,
2018
University of Maine School of Law
Spiller V. State: Determining The Nature Of Public Employees' Rights To Their Pensions, Andrew C. Mackenzie
Maine Law Review
In Spiller v. State, a divided Maine Supreme Judicial Court, sitting as the Law Court, held that certain legislative changes to public employee pension benefits did not impair the employees' constitutional rights because there was no clear indication that the employees had a contractual right to their pensions. These changes were enacted as a reduction of state expenditures in reaction to Maine's fiscal deficit. The majority found that the changes were not unconstitutional and thus were permissible. The dissenting opinion, however, found that a contract existed between the State and the employees and that it had been breached. Although the …
Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test",
2018
University of Maine School of Law
Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir
Maine Law Review
The Maine Employment Security Law governs whether one person performing services for another is an independent contractor or an employee for unemployment tax purposes. It requires many employers to pay unemployment taxes on individuals who, under the usual common law rules governing the employer-employee relationship, are independent contractors. This result, caused partly by the structure of the statute and partly by judicial interpretation, has the effect of discouraging business expansion, limiting entrepreneurial opportunities, and ultimately, hampering statewide economic development. This Comment first provides the historical background of unemployment compensation legislation at the federal and state levels. Employer liability and employee/independent …
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law,
2018
University of Maine School of Law
Insurer Prejudice Analysis Of An Expanding Doctrine In Insurance Coverage Law, Richard L. Suter
Maine Law Review
All contracts of insurance place certain requirements on the insured both before and after a covered loss has occurred. For example, all insurance policies require that an insured notify the insurer of a covered loss and cooperate with the insurer in the investigation of the loss and in the pursuit or defense of any claims arising out of the loss. Traditionally, if an insured failed to comply with such notification or cooperation requirements, the insurer could flatly deny coverage of the claim. Recently, however, an increasing number of courts are requiring that the insurer show that it has been prejudiced …
The Housing Authority Of The City Of Atlanta, Georgia, Order On Pending Motions,
2018
Fulton County Superior Court Judge
The Housing Authority Of The City Of Atlanta, Georgia, Order On Pending Motions, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Cain V. Price C/W 69889/70864, 134 Nev. Adv. Op. 26 (April 12, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Cain V. Price C/W 69889/70864, 134 Nev. Adv. Op. 26 (April 12, 2018), Jeff Chronister
Nevada Supreme Court Summaries
The Nevada Supreme Court held that one party’s material breach of contract releases the non-breaching party’s contractual obligation to a third-party beneficiary.
U.S. Home Corp. V. The Michael Ballesteros Trust, 134 Nev. Adv. Op. 25 (April 1, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
U.S. Home Corp. V. The Michael Ballesteros Trust, 134 Nev. Adv. Op. 25 (April 1, 2018), Natice Locke
Nevada Supreme Court Summaries
The Court held that where an underlying transaction involves interstate commerce, the FAA (Federal Arbitration Act) preempts state unconscionability doctrine from disfavoring arbitration.
Bernard H. Bronner, Derivatively On Behalf Of Rainforest Production Holdings, Inc. And Directly On Behalf Of Himself, Order On Certain Pending Motions,
2018
Fulton County Superior Court Judge
Bernard H. Bronner, Derivatively On Behalf Of Rainforest Production Holdings, Inc. And Directly On Behalf Of Himself, Order On Certain Pending Motions, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Bsl Holdings, Llc Et Al., Order On Plaintiff's Third Motion To Compel Discovery,
2018
Fulton County Superior Court Judge
Bsl Holdings, Llc Et Al., Order On Plaintiff's Third Motion To Compel Discovery, Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Surety's Liability For "Bad Faith": Claims For Extra-Contractual Damages By An Obligee Under The Payment Bond,
2018
University of Maine School of Law
The Surety's Liability For "Bad Faith": Claims For Extra-Contractual Damages By An Obligee Under The Payment Bond, John J. Aromando
Maine Law Review
The theory of “bad faith” is by now well established in the areas of liability and casualty insurance. Although the relief available takes different forms in different jurisdictions, a common thread is the exposure of the insurance carrier to extra-contractual damages as a result of its conduct in handling a claim. Depending on the jurisdiction, these extra-contractual damages can include one or more of the following: penal interest and attorneys' fees; consequential damages for breach of contract; and recovery in tort. Even in the most restrictive jurisdiction the exposure is substantial, and in the most expansive it can be catastrophic. …
Towards A Distinctive Trademark Law For The 21st Century,
2018
Osgoode Hall Law School of York University
Towards A Distinctive Trademark Law For The 21st Century, David Vaver
Articles & Book Chapters
Canada's Trade Marks Act, when passed in 1953, was probably the best then around, but 65 years later it is ready to be pensioned off. The Act's deficiencies have become more evident as new markets and interests have gained prominence. A broadly-based Committee to reconsider the reform ofall intellectual property laws, with trademark law as one component, should be struck to produce a user-friendly code fit for 21st century commerce.
‘Rule Of Law’ In China: The Confrontation Of Formal Law With Cultural Norms,
2018
University of Florida
‘Rule Of Law’ In China: The Confrontation Of Formal Law With Cultural Norms, Larry A. Dimatteo
Cornell International Law Journal
This Article will be one of the first to fully examine the adoption of the first part of China’s long-term quest to enact a grand civil code. It is primarily an examination of the interaction between law and culture— this interaction is most visible when law is transplanted from one legal tradition (Western) into a country of a different legal tradition (Eastern). The General Rules of the Civil Law of the People’s Republic of China took effect on October 1, 2017. This enactment of general principles is the first step in what is expected to take up to five years …
Unframing Legal Reasoning: A Cyclical Theory Of Legal Evolution,
2018
University of Florida Levin College of Law
Unframing Legal Reasoning: A Cyclical Theory Of Legal Evolution, Larry A. Dimatteo
UF Law Faculty Publications
This article draws from legal history to inform a part of legal theory. The legal history examination focuses on two theories of legal development - Henry Sumner Maine's "progression thesis" and Nathan Isaacs's "cycle theory." After examining these two theories of legal development, the analysis shifts to how legal history informs theories of legal reasoning. There are numerous long-standing debates on how "law" should be interpreted. These debates are replicated in the question of how "contracts" should be interpreted. Contract law and contract interpretation will be the focus in examining how history informs legal theory, and more specifically, legal reasoning. …
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century,
2018
Cornell Law School
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Cornell Law Faculty Publications
The volume of litigation on Uniform Commercial Code Article 2, along with the rise of e-commerce, raises the question of whether Article 2 can succeed in the twenty-first century. There are, of course, many ways to measure success or failure of legislation. One strategy, applied here, is to evaluate Article 2 against the UCC’s ambitious “purposes and policies” of simplifying, clarifying, and modernizing commercial law, supporting commercial practices, and promoting uniformity of the law among the states. In doing so, I ask three questions that help determine when particular sections of Article 2 impede these goals and are ripe for …
Smart Contracts, Blockchain, And The Next Frontier Of Transactional Law,
2018
University of Washington School of Law
Smart Contracts, Blockchain, And The Next Frontier Of Transactional Law, Scott A. Mckinney, Rachel Landy, Rachel Wilka
Washington Journal of Law, Technology & Arts
Smart contracts are an emerging technology that could revolutionize commercial transactions by eliminating inefficiencies and uncertainty created by the current transactional ecosystem of lawyers, courts, regulators, banks, and other parties with divergent interests. However, a lack of consensus around how smart contracts are implemented, uncertainty regarding enforceability, and scarcity of on point statutes and case law means that a stable legal, commercial and technical smart contract landscape has yet to emerge. The implementation of universal legal, technical and commercial standards and best practices will reduce uncertainty and promote widespread adoption and use of smart contracts.
The Politics Of Access: Examining Concerted State/Private Enforcement Solutions To Class Action Bans,
2018
Benjamin N. Cardozo School of Law
The Politics Of Access: Examining Concerted State/Private Enforcement Solutions To Class Action Bans, Myriam E. Gilles
Articles
Procedural and substantive constraints on the ability of ordinary people to access the civil justice system have become all too commonplace. The “justice gap” owes much to cuts in funding for legal aid and court administration, heightened pleading standards, ever-rising costs of discovery, increasingly restrictive views on standing to sue, and the co-opting of small claims court by businesses seeking to collect debts, among other obstacles in the path to the courthouse. But the most consequential impediment, surely, is the enforcement of mandatory arbitration clauses with class action bans, which bar consumers and employees from bringing or being represented in …
Why Does Lord Denning's Lead Balloon Intrigue Us Still? The Prospects Of Finding A Unifying Principle For Duress, Undue Influence And Unconscionability,
2018
Allard School of Law at the University of British Columbia
Why Does Lord Denning's Lead Balloon Intrigue Us Still? The Prospects Of Finding A Unifying Principle For Duress, Undue Influence And Unconscionability, Marcus Moore
All Faculty Publications
To this day, Lord Denning’s opinion in Lloyds Bank v Bundy remains a staple of first-year Contracts courses in law faculties across the common law world. After surveying doctrines such as duress, undue influence, and unconscionable bargains, Denning posited that they were instances of an underlying principle permitting avoidance of a contract for “inequality of bargaining power”. Although rejected by the House of Lords, Denning’s proposition has intrigued Contract scholars for more than four decades. Subsequent attempts to “fix” Denning’s thesis have fallen short. Yet, authors of Contract textbooks persist in asking whether the doctrines might yet be unified in …
Implikasi Keberlakuan Kontrak Karya Pt Freeport Indonesia Pasca Undang-Undang No 4 Tahun 2009 Tentang Pertambangan Mineral Dan Batubara,
2018
Fakultas Hukum Universitas Indonesia
Implikasi Keberlakuan Kontrak Karya Pt Freeport Indonesia Pasca Undang-Undang No 4 Tahun 2009 Tentang Pertambangan Mineral Dan Batubara, Arman Nefi, Irawan Malebra, Dyah Puspitasari Ayuningtyas
Jurnal Hukum & Pembangunan
The most fundamental regulations on mining and coal industries are articulted in the Minerba Act of the previous regulation in Law Number 11 of 1967 concerning the Mining Basic Provisions. This regulation has amendedthe requirements of mining consession namely from Mining Authorization and Coal Contract of Work / Coal Contract of Work (KK / PK2PB) to become Mining Business License (IUP), Special Mining Business License (IUPK), and Mining Permit (IPR).This has had an impact on the existing mining contracts in Indonesia including PT Freeport's contract of work. This study discusses issues related to the concept of Contract of Work in …
Drummond Financial Services Llc, Et Al. Order On Pending Motions And Requests,
2018
Fulton County Superior Court Judge
Drummond Financial Services Llc, Et Al. Order On Pending Motions And Requests, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Amending Maine's Plain Language Law To Ensure Complete Disclosure To Consumers Signing Arbitration Contracts,
2018
University of Maine School of Law
Amending Maine's Plain Language Law To Ensure Complete Disclosure To Consumers Signing Arbitration Contracts, Andrew R. Sarapas
Maine Law Review
Arbitration has been defined as an informal procedure used by disputants to resolve their differences in a forum other than a court of law. By agreeing to arbitration, the parties submit their disputes to selected arbitrators, whose reasoning and final decisions or awards supplant the judgment of the established judicial tribunals. Further, the decisions of arbitrators are usually binding and enforceable in courts. Although arbitration has been lauded for being less expensive and time-consuming than litigation, consumers arbitrating disputes with large companies may not be playing on a level field. It is important, however, to distinguish arbitration from mediation. Arbitrators, …
Taking Note Of Notary Employees: Employer Liability For Notary Employee Misconduct,
2018
University of Maine School of Law
Taking Note Of Notary Employees: Employer Liability For Notary Employee Misconduct, Nancy Perkins Spyke
Maine Law Review
The law of agency governs the relations between principals, agents, and third persons. A portion of that body of law deals with the liabilities that arise when an agent causes harm to a third party. Situations in which negligent employees cause harm to their employers' customers are ripe for the application of standard agency principles. Those principles dictate that the employer will be liable for the tort of an employee if the tort is committed in the scope of employment. The Restatement (Second) of Agency and case law provide many illustrations. If an employer directs an employee to perform a …
