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The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit 2015 University of Georgia School of Law

The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit

Georgia Journal of International & Comparative Law

No abstract provided.


The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. McClure 2015 University of Kansas

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

No abstract provided.


A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann 2015 University of Georgia School of Law

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann

Georgia Journal of International & Comparative Law

No abstract provided.


Georgia Interlocal Risk Management Agency, Order On Defendant's Motion To Dismiss, Elizabeth E. Long 2015 Fulton County Superior Court, Judge

Georgia Interlocal Risk Management Agency, Order On Defendant's Motion To Dismiss, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Jay Ordan, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long 2015 Fulton County Superior Court

Jay Ordan, Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


The Social Life Of Blood, Milk & Sperm, Martha M. Ertman 2015 University of Maryland School of Law

The Social Life Of Blood, Milk & Sperm, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Fundamental Changes In The Llc: A Study In Path Divergence And Convergence, Joan MacLeod Heminway 2015 University of Tennessee College of Law

Fundamental Changes In The Llc: A Study In Path Divergence And Convergence, Joan Macleod Heminway

Book Chapters

No abstract provided.


Sketches Of A Redemptive Theory Of Contract Law, Emily Houh 2015 University of Cincinnati College of Law

Sketches Of A Redemptive Theory Of Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have "outsider" players-such as racial minorities, women, and sexual minorities -entered the game and, subsequently, how have its governing rules-that is, contract doctrines applied or not applied to them? On the flipside, how have common law contract doctrines responded to the entry of new players in the game? And, to the extent contract law has so responded, why has it done so? In asking and responding to these questions, …


Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of New Hampshire School of Law

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …


Law And Economic Exploitation In An Anti-Classification Age, Hila Keren 2015 Southwestern Law School

Law And Economic Exploitation In An Anti-Classification Age, Hila Keren

Florida State University Law Review

Does our legal system permit the economic exploitation of extreme vulnerability? Focusing on predatory housing loans—a thriving business at the dawn of the twenty-first century—this Article argues that the answer in most cases is yes. Under an individualistic neoliberal paradigm, borrowers are held liable for their contracts, even if they were targeted with predatory practices. Further, borrowers’ attempts to resort to antidiscrimination law, and frame their exploitation as “reverse redlining,” have offered no real answer. An important yet undertheorized explanation for this problem is the impact of the Supreme Court’s anti-classification jurisprudence on lower courts. In an anti-classification age, even …


Efficient Contextualism, Peter M. Gerhart, Juliet P. Kostritsky 2015 Case Western Reserve

Efficient Contextualism, Peter M. Gerhart, Juliet P. Kostritsky

Faculty Publications

This Article recommends an economic methodology of contract interpretation that enables the court to maximize the benefits of exchange for the parties and thereby enhance the institution of contracting. We recommend a methodology that asks the parties to identify the determinants of a surplus maximizing interpretation so that the court can determine whether the determinants raise issues that need to be tried. We thus avoid the false choice between textualist and contextualist methodologies, while allowing the parties and the court to avoid costly litigation. For textualist courts, our methodology helps the judge determine when the terms the parties used are …


The Fiduciary Gap, Kelli A. Alces 2015 Florida State University College of Law

The Fiduciary Gap, Kelli A. Alces

Scholarly Publications

No abstract provided.


Marital Contracting In A Post-Windsor World, Martha M. Ertman 2015 University of Maryland Francis King Carey Law School

Marital Contracting In A Post-Windsor World, Martha M. Ertman

Florida State University Law Review

No abstract provided.


Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman 2015 Barry University

Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Mixed Transactions For Goods And Services: The Need For Consistency In Choosing The Governing Law, Austin Bodnar 2015 St. Thomas University College of Law

Mixed Transactions For Goods And Services: The Need For Consistency In Choosing The Governing Law, Austin Bodnar

St. Thomas Law Review

Imagine you are about to lose your home insurance after your provider contacted you stating that all homes with a pool are required to have a fence around the property. You quickly find a company that sells and installs fences and enter into a contract with them. You pay a fortune for the fence, but your insurance is saved. Shortly thereafter, the fence proves to be faulty, and the company refuses to fix the problem. Now, you sue under certain warranties that are provided by the Uniform Commercial Code ("U.C.C."), but the court finds that the U.C.C. does not apply …


Manufacturing A Run: How Major League Baseball Can Use The Morals Clause To Clean Up Baseball, 48 J. Marshall L. Rev. 539 (2015), Nathan Law 2015 UIC School of Law

Manufacturing A Run: How Major League Baseball Can Use The Morals Clause To Clean Up Baseball, 48 J. Marshall L. Rev. 539 (2015), Nathan Law

UIC Law Review

This Comment will explore the applicability of the morals clause to the PED scandals that have afflicted baseball in the twenty-first century and how it might be employed to clean up the sport. This Comment first discusses the development of the morals clause in sports and entertainment contracts. Then the Comment proposes a revision to the morals clause in MLB players’ contracts to effectively deal with the PED issue.


Traditional Surrogacy Contracts, Partial Enforcement, And The Challenge For Family Law, Mark Strasser 2015 University of Maryland Francis King Carey School of Law

Traditional Surrogacy Contracts, Partial Enforcement, And The Challenge For Family Law, Mark Strasser

Journal of Health Care Law and Policy

Surrogacy remains controversial. Several states ban commercial surrogacy while several other states permit it, subject to certain conditions. In addition, many state legislatures simply have not spoken to the legality of surrogacy agreements. Courts have addressed whether such contracts are enforceable in individual instances, either as a matter of public policy or, perhaps, because of a claimed breach of contract.

Part II of this Article traces the development of the jurisprudence regarding the enforcement of surrogacy agreements, noting how there seemed to be a consensus within the parameters set by state law. Part III addresses a few recent decisions in …


Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy Kim, D.A. Jeremy Telman 2015 California Western School of Law

Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, Nancy Kim, D.A. Jeremy Telman

Faculty Scholarship

Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …


Flexibility And Stability In Contracts, Thomas D. Barton, Helena Haapio, Tatiana Borisova 2015 California Western School of Law

Flexibility And Stability In Contracts, Thomas D. Barton, Helena Haapio, Tatiana Borisova

Faculty Scholarship

No abstract provided.


Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss 2015 Duke Law School

Why The State Cannot “Abolish Marriage” A Partial Defense Of Legal Marriage Based On The Structure Of Intimate Duties, Gregg Strauss

Faculty Scholarship

Does a liberal state have a legitimate interest in defining the terms of intimate relationships? Recently, several scholars have answered this question “no” and concluded that the state should abolish marriage, along with all other categories of intimate status. While politically infeasible, these proposals offer a powerful thought experiment. In this Article, I use this thought experiment to argue that the law cannot avoid relying on intimate status norms and has legitimate reasons to retain an intimate status like marriage.

The argument has three parts. First, even if the law abolished licensed status categories, ordinary doctrines in tort, contract and …


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