The Contractualization Of Family Law In The United States,
2014
American University Washington College of Law
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Order On Defendant's Motion To Dismiss (Mary Ann Digan Et Al.),
2013
Fulton County Superior Court
Order On Defendant's Motion To Dismiss (Mary Ann Digan Et Al.), Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Defendants' Motion For Partial Summary Judgment (North Star Jefferson, Llc Et Al.),
2013
Fulton County Superior Court, Judge
Order On Defendants' Motion For Partial Summary Judgment (North Star Jefferson, Llc Et Al.), Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Georgia-Pacific's Motion And Memorandum To Exclude Damages (Ezgreen Assoc. Llc),
2013
Fulton County Superior Court, Judge
Order On Georgia-Pacific's Motion And Memorandum To Exclude Damages (Ezgreen Assoc. Llc), John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Unilateral Reordering In The Reel World,
2013
Florida State University College of Law
Unilateral Reordering In The Reel World, Jake Linford
Scholarly Publications
No abstract provided.
Private Copyright Reform,
2013
The George Washington University Law School
Private Copyright Reform, Kristelia A. García
Michigan Telecommunications & Technology Law Review
The government is not the only player in copyright reform, and perhaps not even the most important. Left to free market negotiation, risk averse licensors and licensees are contracting around the statutory license for certain types of copyright-protected content, and achieving greater efficiency via private ordering. This emerging phenomenon, herein termed “private copyright reform,” presents both adverse selection and distributive justice concerns: first, circumvention of the statutory license goes against legislative intent by allowing for the reduction, and even elimination, of statutorily mandated royalties owed to non-parties. In addition, when presented without full term disclosure, privately determined royalty rates can …
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World,
2013
University of Washington School of Law
Contract Texts, Contract Teaching, Contract Law: Comment On Lawrence Cunningham, Contracts In The Real World, Brian H. Bix
Washington Law Review
Lawrence Cunningham’s Contracts in the Real World offers a good starting place for necessary conversations about how contract law should be taught, and, more generally, for when and how cases—in summary form or in longer excerpts—are useful in teaching the law. This Article tries to offer some reasons for thinking that their prevalence may reflect important truths about contract law in particular and law and legal education in general.
Unilateral Reordering In The Reel World,
2013
University of Washington School of Law
Unilateral Reordering In The Reel World, Jake Linford
Washington Law Review
Professor Larry Cunningham’s new book, Contracts in the Real World, demonstrates that there is much to learn about contract law from a few well-chosen stories. The goal of this Essay is to provide a similar service, relying on stories gleaned from movies and television—contracts in the “reel world,” so to speak—to illustrate and then undermine the traditional stories told about contract formation and modification. We can learn much from the scenes discussed herein about how consumers might be led to think contracts are formed, and perhaps misled about the certainty contracts provide.
Reflections On Contracts In The Real World: History, Currency, Context, And Other Values,
2013
University of Washington School of Law
Reflections On Contracts In The Real World: History, Currency, Context, And Other Values, Lawrence A. Cunningham
Washington Law Review
It is gratifying to read that this symposium issue of the Washington Law Review was stimulated by Contracts in the Real World. Thanks to the editors for the opportunity to ruminate on the place of the book’s approach—stressing context through stories—in the tradition of contracts pedagogy. To that end, Part I first pinpoints relevant historical milestones in the field of contracts casebooks. Building on that historical grounding, Part II then highlights the values of currency and context that the stories approach epitomizes. Turning more speculative, Part III considers the value of this approach from the perspective of the purpose …
Mandatory Rules And Default Rules In Insurance Contracts,
2013
University of Pennsylvania Law School
Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue
Law & Economics Working Papers
The economic analysis of contract law can organized around two general questions: (1) what are the efficient or welfare-maximizing substantive rules of contract law; and (2) once those rules have been identified, when if ever should they be made mandatory and when should they be merely “default rules” that the parties can contract around if they wish? Much of contract theory over the past twenty years has been devoted to developing answers to those two questions. The same two questions can be posed with respect to the rules of insurance law. Although previous scholars have examined particular substantive doctrines of …
The Perspective Of Law On Contract,
2013
University of Washington School of Law
The Perspective Of Law On Contract, Aditi Bagchi
Washington Law Review
What is the perspective of law on contract? This Article will consider two dimensions of the perspective we offer students. Part I will consider how we present the nature of contract law. That is, it will explore the extent to which traditional methods of teaching unduly underplay indeterminacy and disagreement. In that Part I distinguish between inductive and deductive legal reasoning and suggest we may give short shrift to the former in teaching. Part II will consider the attitude of the law toward contract as a social practice. Here I distinguish between internal and external perspectives on law and suggest …
Cases And Controversies: Some Things To Do With Contracts Cases,
2013
University of Washington School of Law
Cases And Controversies: Some Things To Do With Contracts Cases, Charles L. Knapp
Washington Law Review
As a co-author of one of the two dozen or more currently-in-print Contracts casebooks, I obviously have both a point of view about, and a personal stake in, the survival of this particular method of instruction. Whether the legal casebook—or any other book, in the form of bound sheets of paper—will remain a part of our academic culture much longer is clearly up for grabs, however. Electronic records have so many advantages over the printed page that, at least for many purposes, they will surely become the dominant form of preserving, retrieving, and transmitting information, if indeed they are not …
Visual Clarity In Contract Drafting,
2013
Cleveland State University
Visual Clarity In Contract Drafting, Karin Mika
Law Faculty Articles and Essays
No abstract provided.
Contract Stories: Importance Of The Contextual Approach To Law,
2013
University of Washington School of Law
Contract Stories: Importance Of The Contextual Approach To Law, Larry A. Dimatteo
Washington Law Review
How law is taught is at the center of the debate over the need to change legal education to better prepare students for a difficult and changing marketplace for legal services. This Article analyzes the benefits of using “stories” to teach law. The stories to be discussed relate to contract law: this Article asks whether they can be used to improve the method and content of teaching law. The ruminations offered on teaching contract law, however, are also relevant to teaching other core, first-year law courses.
Unpopular Contracts And Why They Matter: Burying Langdell And Enlivening Students,
2013
University of Washington School of Law
Unpopular Contracts And Why They Matter: Burying Langdell And Enlivening Students, Jennifer S. Taub
Washington Law Review
Thus, the purpose of this piece is to provide an alternative: a transformation of how Contracts is taught in law schools so that we meet a variety of educational objectives. This is less of a prescription than it is a resolution made in the public sphere: a promise to shake things up in my own classroom and thus hopefully do better by students in the long run. It is also the beginning of a search to benchmark against the practices of others, and to seek input from those who have already begun to transform their Contracts teaching materials and methods. …
Mining Contracts: How To Read And Understand Them,
2013
Columbia Law School
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Columbia Center on Sustainable Investment Books
In December 2013, a diverse group of 14 experts from Africa, Asia, North and South America, and Europe worked together for five days to produce a user-friendly guide in English and in French on "Mining Contracts: How to Read and Understand Them," to help policy makers, civil society, citizens, and the media understand the often complex and opaque terms of mining contracts. With increasing calls for contract transparency – and the growing recognition of the importance of the terms of contracts for resource-rich countries – this book explains in layman’s terms the principal features of a contract, compares different approaches …
Contract As Pattern Language,
2013
University of Washington School of Law
Contract As Pattern Language, Erik F. Gerding
Washington Law Review
This essay examines how patterns enable the transformation of contractual provisions into contracts, contracts into transactions, and transactions into markets. Although contract design patterns are broader than contract boilerplate (as described in Part II.C. below), some of the extensive legal scholarship on boilerplate19 helps explain how contract patterns generate agreements, transactions, and markets. The work of Henry Smith on the modularity of contract boilerplate proves particularly useful in this regard. Contract patterns perform several functions. Contract patterns break complex problems and bargains into components. Attorneys can then repeatedly apply these particular solutions to similar problems. Patterns also serve as heuristics …
Case Comment: A New Framework For The Implication Of Terms In Fact,
2013
Singapore Management University
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Research Collection Yong Pung How School Of Law
In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …
Order On Nov. 14, 2013 Hearing (United Community Bank),
2013
Fulton County Superior Court, Judge
Order On Nov. 14, 2013 Hearing (United Community Bank), John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Order On Nov. 1, 2013 Hearing (Michael D. Sullivan),
2013
Fulton County Superior Court, Judge
Order On Nov. 1, 2013 Hearing (Michael D. Sullivan), Elizabeth E. Long
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
