SelectedWorks @ Widener University Commonwealth Law School
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Pay No Attention to That Man Behind the Robe: Judicial Elections, the First Amendment, and Judges as Politicians
No full textThe question this Article seeks to answer is whether the First Amendment can maintain a distinction between the two types of races. Specifically, I discuss whether the governmental interests in maintaining an independent,impartial judiciary and in protecting the appearance of the judiciary as independent and impartial can provide justification for the suppression of speech, where such suppression would be held impermissible in elections forother offices. I conclude that it cannot. My recommendation, therefore, is to subject restrictions on legislative, executive, and judicial campaign speech to the same exacting scrutiny
‘Paper World’ Analogies to Web Site Terms and Conditions: Travel Tickets and Other Similar Forms
No full textContributory or Comparative: Which is the Optimal Negligence Rule?
No full textAlmost immediately after negligence emerged as a distinct tort in the early nineteenth century, the defense of contributory negligence began to develop in conjunction with it. The contributory negligence rule is that when a plaintiff\u27s negligence contributes to the occurrence of an accident, the plaintiff cannot recover damages from a defendant who negligently injures him. Thus, even a slightly negligent plaintiff could not recover from a negligent defendant if the plaintiff\u27s negligence proximately caused his own injury. The contributory negligence rule originated in the English case of Butterfield v. Forrester and was eventually adopted by all fifty states and the District of Columbia
Browse-Wrap Agreements: Validity of Implied Assent in Electronic Form Agreements
No full textThis Article examines the rules of law governing implied assent, arguments for and against valid implied assent in the context of browse-wrap agreements, principles of contract law addressing implied assent in the paper world, and the application of these principles to the electronic contract setting. Based on the precedents discussed in this Article, as well as policy arguments, the authors posit that a user validly and reliably assents to the terms of a browse-wrap agreement if the following four elements are satisfied:(i) The user is provided with adequate notice of the existence of the proposed terms. (ii) The user has a meaningful opportunity to review the terms. (iii) The user is provided with adequate notice that taking a specified action manifests assent to the terms. (iv) The user takes the action specified in the latter notice.This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association
U.S. Perspective
No full textMastering the ISDA Master Agreement 1992 and 2002, will provide a practical, clear and useful foundation for the fledgling negotiator as well as supporting them with a good overview of the legal, credit and operational issues inherent in the ISDA Master Agreement. Mastering the ISDA Master Agreement 1992 and 2002 is designed to build on the success of the first edition by extending coverage of to the new 2002 ISDA Master Agreement, and extends the coverage of the first edition. Once again this book will provide the many new entrants globally to derivatives documentation with a practical negotiation guide to both the 1992 and 2002 Agreements so they can be approached confidently
