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Enforceability Of Exculpatory Clauses In Missouri, Samantha Cusumano 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, Kan Samuel 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, Jennifer S. Martin, Colin P. Marks, Wayne R. Barnes 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), Wayne Barnes 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, Andrew Flavelle Martin 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, Robin J. Effron, John F. Coyle 2023 Brooklyn Law School

The Puzzle Of Floating Forum Selection Clauses, Robin J. Effron, John F. Coyle

Faculty Scholarship

No abstract provided.


Exit Engineering, Rachel Landy 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, John J. Goger 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, John J. Goger 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, Max Raskin, Jack Millman 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, Matthew Eisenson, Romany M. Webb 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?, David Crump 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, Florian GAMPER 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, John A. E. Pottow 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, Matt Buckley 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, Madeline Brom 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, Kiren Dosanjh Zucker, Bruce Zucker 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, James A. Doppke Jr. 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, Lauren McKenzie 2023 DePaul University

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2023 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


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