Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying,
2014
Pepperdine University
Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael A. Mccann
Pepperdine Law Review
This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness. This Article argues that White would likely fail in a lawsuit against an NBA …
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?,
2014
Pepperdine University
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
Pepperdine Law Review
No abstract provided.
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees,
2014
Fulton County Superior Court Judge
Order On Second Motion To Show Cause And Renewed Motion To Remove Trustees, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood,
2014
William & Mary Law School
An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood, Abigail Norris
William & Mary Business Law Review
This Note explores the business of banking umbilical cord blood for later, and potentially life-saving, use. It discusses the importance of the stem cells found in umbilical cord blood, and the complexities involved in applying business models to its collection, storage, and use. Furthermore, this Note discusses how contracts governing the storage and use of umbilical cord blood can conflict with concepts of human dignity and informed consent. It concludes that in the event umbilical cord blood banking contracts conflict with informed consent, the contract should be subordinated to a person’s understanding, acquired through procedures intended to achieve the patient, …
Debt-Buyer Lawsuits And Inaccurate Data,
2014
University of Maryland Francis King Carey School of Law
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia,
2014
Jackson Kelly PLLC
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
West Virginia Law Review
No abstract provided.
Big Macs: Not-So-Happy Deals And The Eurozone Crisis,
2014
Benjamin N. Cardozo School of Law
Big Macs: Not-So-Happy Deals And The Eurozone Crisis, Lindsay Edelstein
Cardozo Journal of International and Comparative Law
The note examines the challenges of invoking Material Adverse Change (MAC) clauses in mergers and acquisitions, particularly during economic crises like the Eurozone Crisis. It argues that the strict standard applied by U.S. courts makes it difficult for buyers to prove a MAC, rendering such clauses ineffective. The analysis suggests that MAC disputes are better resolved through arbitration by financial experts rather than courts.
Panel 1: Trends In International Mediation And Arbitration,
2014
Hughes Hubbard & Reed LLP
Panel 1: Trends In International Mediation And Arbitration, Hagit Elul, Ank Santens, Martin Gusy, Matthew Weldon
Cardozo Journal of International and Comparative Law
The symposium explores recent trends in international mediation and arbitration, focusing on the development of ethics guidelines and the challenges of obtaining interim relief. It highlights the growing need for standardized ethical frameworks and the evolving role of emergency arbitrators in addressing urgent disputes.
Regulating Sovereign Wealth Funds Through Contract,
2014
Brooklyn Law School
Regulating Sovereign Wealth Funds Through Contract, Naveen Thomas
Faculty Scholarship
No abstract provided.
Mistake In Assumptions,
2014
Osgoode Hall Law School of York University
Mistake In Assumptions, Stephen Waddams
Osgoode Hall Law Journal
Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact? Posed in this form, the question invites attention to aspects of contract law not usually considered in relation to each other, particularly misrepresentation, frustration, and more generally, unjust enrichment, all areas in which Professor McCamus has written extensively. This article brings these areas together with the object of throwing useful light on each of them, both from the point of view of understanding …
Disclaimers Of Contractual Liability And Voluntary Obligations,
2014
Osgoode Hall Law School of York University
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Osgoode Hall Law Journal
Contractual obligations are traditionally regarded as voluntary. A voluntary obligation is one that can be acquired only if one intends to acquire it. This traditional understanding finds doctrinal expression in the requirement that contracting parties intend to create legal relations. It has, however, been doubted that the Anglo-Canadian law of contract insists on this requirement. Skeptics argue that cases ostensibly decided on the basis of such a requirement are better explained otherwise. In this paper I invoke the legal force of contractual disclaimers to show that contractual obligations are indeed voluntary. When parties to an agreement purport to exclude it …
Consideration Which Happens To Fail,
2014
Osgoode Hall Law School of York University
Consideration Which Happens To Fail, Andrew Kull
Osgoode Hall Law Journal
Recent English commentary employs the timeworn expression “failure of consideration” in an unprecedented way. It can now designate an expansive residual category of grounds for restitution: at its fullest, “the failure to sustain itself of the state of affairs contemplated as a basis” for a transaction by which one party is enriched at the expense of another. Because the result is plainly to incorporate a civilian-style “absence of basis” test within commonlaw unjust enrichment, the new “failure of consideration” carries an incidental implication for Canadian restitution law: if Garland v Consumers’ Gas really announced a shift from commonlaw “unjust factors” …
Regulation Through Boilerplate: An Apologia,
2014
University of Chicago Law School
Regulation Through Boilerplate: An Apologia, Omri Ben-Shahar
Michigan Law Review
You have to salute Peggy Radin. She has said what others who agree with her have for so long been hesitant to utter out loud: the fine print is not a contract. There is no agreement to it, no real consent, not even “blanket assent.” It is nothing but paperwork and should have the legal fortune of junk mail. Those lengthy, unreadable pages with terms and conditions that come prepacked with consumer products or that demand to be clicked (“We Accept”) on computer screens — does anyone really think that they contain arrangements that people knowingly agreed to? How is …
Rationality's Reach,
2014
Washington University in St. Louis Law School
Rationality's Reach, Adam B. Badawi
Michigan Law Review
Economic analysis and the rational actor model have dominated contracts scholarship for at least a generation. In the past fifteen years or so, however, a group of behaviorists has challenged the ability of the rational choice model to account for consumer behavior. These behaviorists are not trying to dismantle the entire enterprise. They generally accept the fundamentals of economic analysis but argue that the rational actor model can be improved by incorporating evidence of decisionmaking flaws that people exhibit. Oren Bar-Gill has been one of the foremost and influential proponents of a behaviorist take on contracts, and his recent book, …
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance",
2014
Cornell Law School
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout
Cornell Law Faculty Publications
Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.
Limiting Unfettered Challenges To Patent Validity: Upholding No-Challenge Clauses In Pre-Litigation Patent Settlements Between Preexisting Parties To A License,
2014
Benjamin N. Cardozo School of Law
Limiting Unfettered Challenges To Patent Validity: Upholding No-Challenge Clauses In Pre-Litigation Patent Settlements Between Preexisting Parties To A License, Nicholas Roper
Cardozo Law Review
No abstract provided.
Efficient Breach,
2014
Georgetown University Law Center
Efficient Breach, Gregory Klass
Georgetown Law Faculty Publications and Other Works
The theory of efficient breach is the best known, and the most controversial, product of nearly half a century of economic analysis of contract law. In its simplest form, which is the one that dominates the legal imagination, the theory argues that expectation damages are good because they allow, even encourage, a party to breach when performance becomes inefficient, thereby increasing social welfare. Many noneconomists assume the theory is well supported by principles of neoclassical economics. Thus critics commonly focus on the theory’s moral failings, or on problems with the neoclassical approach more generally. But today no economic thinker defends …
Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19,
2014
Nevada Law Journal
Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19, Jeffrey Pike
Nevada Supreme Court Summaries
The Court determined whether Nevada public policy precludes giving effect to a choice-of-law provision in an insurance contract made by parties residing outside Nevada that would deny Nevada residents injured in Nevada recovery under NRS 485.3091.
Order On Motion To Enforce Settlement And Motion To Withdraw As Counsel (Davis Lee Companies, Llc),
2014
Fulton County Superior Court, Judge
Order On Motion To Enforce Settlement And Motion To Withdraw As Counsel (Davis Lee Companies, Llc), Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Motion For Withdrawal Of Admissions And Motion To Enter Judgment (The City Of Atlanta),
2014
Fulton County Superior Court, Judge
Order On Motion For Withdrawal Of Admissions And Motion To Enter Judgment (The City Of Atlanta), Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
