Enforceability Of Exculpatory Clauses In Missouri,
2023
University of Missouri - Kansas City, School of Law
Enforceability Of Exculpatory Clauses In Missouri, Samantha Cusumano
Law Student Works
Today, a vast majority of contracts signed by consumers contain provisions that release one or both of the parties from liability if personal injury occurs during the course of the contract. These provisions are referred to as liability waivers, exculpatory clauses, limitations of liability, or liability releases, and these terms are often used interchangeably within this pathfinder and in legal research relating to this topic. The effect of these provisions is that the signing party waives their right to file future claims against the other party in the event of injury or loss and relieves the drafting party of any …
Education, Employment, And Healthcare: Personal And Societal Strategies For Transitioning Servicemembers' Fiscal Sustainability,
2023
Barry University
Education, Employment, And Healthcare: Personal And Societal Strategies For Transitioning Servicemembers' Fiscal Sustainability, Kan Samuel
Faculty Scholarship
No abstract provided.
The Uniform Commercial Code Survey: Introduction,
2023
Texas A&M University School of Law
The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne R. Barnes
Faculty Scholarship
The survey that follows highlights the most important developments of 2022 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions in these areas, which are highlighted in the survey, there has also been important legislative progress. The 2022 Amendments to the Uniform Commercial Code ("U.C.C.") (the "2022 Amendments")' have been adopted in eight states and introduced in nineteen plus the District of Colombia. The 2022 Amendments are briefly summarized below.
Cisg (2023 Survey),
2023
Texas A&M University School of Law
Cisg (2023 Survey), Wayne Barnes
Faculty Scholarship
This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and went into effect in 1988. The CISG governs contracts for the international sale of goods between businesses located in different countries that have ratified the treaty. It has been adopted by 95+ countries, including major trading nations like the United States, China, and most European countries. …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
The Puzzle Of Floating Forum Selection Clauses,
2023
Brooklyn Law School
The Puzzle Of Floating Forum Selection Clauses, Robin J. Effron, John F. Coyle
Faculty Scholarship
No abstract provided.
Exit Engineering,
2023
Benjamin N. Cardozo School of Law
Exit Engineering, Rachel Landy
Articles
How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers. This Article offers a …
Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants,
2023
Superior Court of Fulton County, Metro Atlanta Business Case Division
Bernard Parks, Jr., Et. Al. V. Kelly King Et Al., Order On Cross Motions For Summary Judgment Regarding Plaintiffs' Claims Against Defendants, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment,
2023
Superior Court of Fulton County, Metro Atlanta Business Case Division
Saint Joseph Health System, Et. Al. V. Emory Healthcare, Inc., Et Al., Order On Cross Motions For Summary Judgment, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
An Introduction To Personal Growth Bets: Using Contract Law To Lose Weight And Quit Smoking,
2023
New York University School of Law
An Introduction To Personal Growth Bets: Using Contract Law To Lose Weight And Quit Smoking, Max Raskin, Jack Millman
Notre Dame Journal on Emerging Technologies
Self-improvement is hard. Whether losing weight or quitting smoking, individuals have a difficult time honoring their commitments, especially if the only person they are disappointing is themselves. In this Article, we introduce a new legal mechanism for incentivizing personal growth. We describe this mechanism as a personal growth contract, which allows an individual to make an enforceable agreement with either a counterparty or himself with the aim of self-improvement. We propose the use of smart contracts to help execute unilateral personal growth contracts. Our conclusion is that personal growth contracts should be presumptively legal, provided they do not violate some …
Expert Insights On Best Practices For Community Benefits Agreements,
2023
Columbia Law School, Sabin Center for Climate Change Law
Expert Insights On Best Practices For Community Benefits Agreements, Matthew Eisenson, Romany M. Webb
Sabin Center for Climate Change Law
This report outlines 35 recommendations for developers and host communities when negotiating and drafting Community Benefits Agreements (CBAs) for direct air capture hubs and other clean energy projects. These recommendations come from interviews with attorneys and other experts who have collectively negotiated dozens of CBAs for climate infrastructure and other types of projects.
Halfway Deals: Or, When Is A Non-Contract A Contract?,
2023
University of Arkansas Little Rock
Halfway Deals: Or, When Is A Non-Contract A Contract?, David Crump
University of Arkansas at Little Rock Law Review
No abstract provided.
A Non-Contractual Approach To Smart Contracts,
2023
Singapore Management University
A Non-Contractual Approach To Smart Contracts, Florian Gamper
Research Collection Yong Pung How School Of Law
This article adds to the debate on what, legally speaking, smart contracts are and what they should be. Currently, much of this debate focuses on the relationship between smart contracts and legal contracts, overlooking that other legal categories may also be appropriate. This article suggests that the concept of abandonment can be fruitfully applied to smart contracts. Using the concept of abandonment has the advantage of allowing smart contracts, as close as legally possible, to be utilized as machines (or using the terminology suggested by Vitalik Buterin, founder of Etherium, as a ‘persistent script’). It would also make other issues, …
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement,
2023
University of Michigan Law School
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Law & Economics Working Papers
The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr,
2023
DePaul University College of Law
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities,
2023
DePaul University College of Law
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising,
2023
California State University, Northridge
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
DePaul Business & Commercial Law Journal
No abstract provided.
Ethics At The Speed Of Business,
2023
Robinson, Stewart, Montgomery & Doppke, LLC (RSMD, LLC)
Ethics At The Speed Of Business, James A. Doppke Jr.
DePaul Business & Commercial Law Journal
This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.
Welcome Address,
2023
DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2023
DePaul University
