Art Mistake And Mix-Up Stories II. Proposed Model Act´S Provisions Regarding Parentage III. Statutory And Common Law Inadequacy In Art Mix-Up Cases A. Contract 1. In case I am mistakenly given the wrong gamete or wrong embryo: 2. In case my gamete or embryo is mistakenly given to someone else: B. Intent Standard C. Statutory Uniform Parentage Act (UPA) Provisions D. Genetics IV. Proposed Alternative A. A Labor-Based Theory of Parentage B. Proposed Labor-Based Priorities C. Relational, Child-Centeredness V. Conclusion
Erie County's Law Department has told six Holding Center deputies that the county will not defend them from a lawsuit alleging that they, as well as the county's top elected leaders, violated an inmate's civil rights. It's an unusual denial that seems to run counter to the county's contract with its jail deputies and the state's Public Officers Law, which in most cases would grant the deputies legal coverage in lawsuits arising from their official duties.
American leaders tell themselves that citizens aren't interested in the nuances of the dollar's value. The yuan exchange rate? That is something Treasury Secretary Henry Paulson deals with at summits like the one this week with Chinese Vice Premier Wang Qishan at Annapolis, Maryland. The inflation rate? Federal Reserve Chairman Ben Bernanke grapples with it. The rest just live with the results. The politicians deceive themselves. Each American brain is constantly updating and editing its own personal dollar index. Americans also try out their theories about their greenbacks in all fields, including mundane thickets of contract law cases.
On a multitude of other resolutions regarding homosexual clergy and the blessing of same-sex relationships, the Assembly voted to defer the questions to the next convention,10 maintaining a status quo that prohibits ordained ministry by actively homosexual persons11 and the blessing of same-sex relationships.12 At the upcoming 2009 Churchwide Assembly, to be held in Minneapolis, the delegates will vote on a long-awaited Social Statement on Human Sexuality.13 Both liberals and conservatives expect significant debate, and the vote could go either way.14 If conservatives lose the votes, it is very likely that some congregations will choose to leave the ELCA, either for a smaller, more orthodox Lutheran denomination, a new association with other like-minded congregations, or total nonasso...
... issues of constitutional, property, contract, and church law. The essay begins by laying out th... Court's case law in religious property cases. It proceeds to apply the precedents to the unique...
Civ. R. 53(E): an objecting party to a magistrate's findings of fact must supply the trial court with a transcript of the proceedings before the magistrate. Trial court may not make additional, unsubstantiated findings if there was no such finding made by the magistrate and if the findings are not otherwise supported by the record. Prejudgment interest for breach of contract cases is treated as a matter of law.
In employment law cases, the power of the law extends far beyond the boundaries of written contracts. Although breach-of-contract claims remain common in the employment law context, there has been a spike in the number of cases in which a former employee alleges that a former employer broke the law even though there is no written contract in place to support that contention. In these cases, the key factor is the reasonable expectations of the parties, and not what the contract says. When an employee has a reasonable expectation of some benefit, that expectation may be enforceable in court. The Oregon Supreme Court has long held that the law imposes a duty of good faith and fair dealing in the performance of every contract. The purpose of the duty of good faith and fair dealing is to eff...
Agreements requiring employees to repay training costs to their employers, if they separate from employment before a specified period, have become increasingly familiar in the American workplace. The types of training that are potentially subject to repayment commitments can vary significantly. One source of potential constraints on repayment agreements is the law of restrictive covenants. Typically, such covenants temporarily prohibit employees from competing, post-termination, with their former employers. Another question frequently arising in litigation concerning repayment agreements, is whether the stipulated recoupment amount qualifies as an appropriate measure of damages under contract law for the breach of the service requirement. In cases involving mandatory training and assump...
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