scholarly journals Who Owns the Law? Why We Must Restore Public Ownership of Legal Publishing, 26 J. Intell. Prop. L. 205 (2019)

2019 ◽  
Author(s):  
Leslie Street ◽  
David R. Hansen
Keyword(s):  
Electronic Publishing ◽  
Contract Law ◽  
Public Access ◽  
Free Access ◽  
State Governments ◽  
Public Ownership ◽  
History Of ◽  
The Law ◽  
Computer Fraud

Each state has its own method for officially publishing the law. This article looks at the history of legal publishing for the fifty states before looking at how legal publishing even in moving to electronic publishing may not ensure public access to the law. The article addresses barriers to free access to the law in electronic publishing including copyright, contract law, and potentially, the Computer Fraud and Abuse Act. The article concludes with prescriptions for how different actors, including state governments, publishers, libraries, and others can ensure robust public access to the law moving forward.

The Tortuous History of the Mutual-Mistake Defense in Michigan Contract Law

2011 ◽  
Vol 40 (2) ◽  
pp. 169-174
Author(s):  
NORMAN OTTO STOCKMEYER
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Law Schools ◽  
High Court ◽  
Complete Breakdown ◽  
History Of ◽  
Legitimate Expectations ◽  
The Law

ABSTRACT Imagine a world where courts stopped enforcing contracts. There would be a complete breakdown in commerce. Yet courts do not enforce all contracts. Contracts that are the product of fraud or duress, for example, are voidable. The law must strike a balance between protecting legitimate expectations and policing against contract wrongdoing. What if a contract is the product of a mistake? No one was at fault, yet the contract is not what the parties supposed. Should a court enforce it? Sherwood v. Walker (1887) is a landmark case in which the Michigan Supreme Court established the defense of mutual mistake, refusing to enforce a contract that was the product of the parties' erroneous assumption. Sherwood v Walker is still taught in law schools today, and has been cited as authority by courts across the country. But since it was decided, Michigan's high court has twice repudiated the case, only to later embrace it again. This paper explores the convoluted history of the defense of mutual mistake in Michigan contract law.

scholarly journals The Right of Public Access to Legal Information: A Proposal for its Universal Recognition as a Human Right

2017 ◽  
Vol 18 (6) ◽  
pp. 1429-1496 ◽  
Author(s):  
Leesi Ebenezer Mitee
Keyword(s):  
Legal Framework ◽  
Public Access ◽  
Free Access ◽  
Human Right ◽  
Intergovernmental Organization ◽  
Legal Information ◽  
Ex Post ◽  
Global Access ◽  
The Law ◽  
The Right

This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to Legal Information. It provides the essential contents of the proposed UN Convention which incorporate The Hague Conference Guiding Principles to be Considered in Developing a Future Instrument. These contents provide valuable input for urgent interim national and regional laws and policies on public access to legal information, pending the Convention's entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote widespread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”

Introduction

2017 ◽  
Author(s):  
Dana Brakman Reiser ◽  
Steven A. Dean
Keyword(s):  
Corporate Governance ◽  
Social Enterprise ◽  
Contract Law ◽  
Social Enterprises ◽  
Social Mission ◽  
For Profit ◽  
History Of ◽  
The Law

This introduction provides an overview of the challenges social enterprises face in raising capital and briefly describes the authors’ array of potential solutions, grounded in finance, corporate governance and contract law. It argues that to distinguish themselves from conventional for-profit ventures, social enterprises must broadcast their commitment to pursuing a social mission as well as profits. The chapter then explains that, although the law has evolved to accept the existence of social enterprises, it does not offer them a means to prove that they are what they claim to be. The introduction briefly articulates how social enterprise law could make the leap from permissive to protective—the topic the rest of the book will explore comprehensively. It concludes with a roadmap of the remaining chapters, which trace the history of social enterprise law and chart its possible future.

Macneil, IR, ‘Restatement (second) of contracts and presentation’ (1974) 60 Virginia LR 589. Macneil, IR, ‘Contracts adjustment of long term economic relations under classical, neo-classical and relational contract law’ (1978a) 72 Northwestern University LR 854. Macneil, IR, Contract: Exchange Transactions and Relations, 2nd edn, 1978b, Playa Vista, California: Foundation. McKendrick, E, ‘The battle of the forms and the law of restitution’ (1988) 8 OJLS 197. Phang, A, ‘Implied terms revisited’ (1990) JBL 394. Phang, A, ‘Implied terms in English law – some recent developments’ (1993) JBL 242. Pollock, G, Principles of Contract, 13th edn, 1950, London: Sweet & Maxwell. Poole, J, ‘Damages for breach of contract – compensation and “personal preferences”’ (1996) 59 MLR 272. Posner, RA, Economic Analysis of Law, 4th edn, 1992, Boston: Little, Brown. Price, D, ‘When is a consumer not a consumer?’ (1989) 52 MLR 245. Sealy, L, ‘The Unfair Contract Terms Act 1977’ [1978] CLJ 15. Sealy, L, ‘Thompson v Lohan (Plant Hire) Ltd’ [1988] CLJ 6. Simpson, A, A History of the Common Law of Contract, 1975, Oxford: OUP. Simpson, A, ‘Innovation in 19th century contract law’ (1975) 91 LQR 247. Spencer, JR, ‘Signature, consent and the rule in L’Estrange v Graucob’ [1973] CLJ 104. Teubner, G, ‘Legal irritants: good faith in British law’ (1998) 61 MLR 11. Thompson, MP, ‘Representation to expectation: estoppel as a cause of action’ [1983] CLJ 257. Treitel, GH, Doctrine and Discretion in the Law of Contract, 1981, Oxford: Clarendon. Treitel, GH, ‘Mistake in contract’ (1989) 104 LQR 501. Treitel, GH, Frustration and Force Majeure, 1994, London, Sweet & Maxwell.

1995 ◽  
pp. 810-810
Keyword(s):  
Contract Law ◽  
Economic Analysis Of Law ◽  
Breach Of Contract ◽  
Economic Relations ◽  
Relational Contract ◽  
Force Majeure ◽  
Northwestern University ◽  
Recent Developments ◽  
History Of ◽  
The Law

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

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