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Recent Developments In Employment Law
Justice Oliver Wendell Holmes, Jr. maintained that the law could only be understood as a response to the needs of society. According to Justice Holmes, political, social, and economic forces play a major role in shaping the statutes that are ultimately enacted and the decisions that courts...
Read MoreConsidering Arbitration: The Benefits, Risks And Recommendations
Introduction Pre-dispute arbitration clauses recommended by the American Arbitration Association (the "AAA") have become increasingly common in commercial contracts. Because of the efficiency, expediency and cost-effectiveness associated with arbitration, lawyers frequently assume - without...
Read MorePractical Suggestions For Complying With The National Do Not Call Registry
Introduction Now that the fate of the National Do Not Call Registry (the "Registry") rests with the 10th Circuit Court of Appeals, compliance questions arise as direct marketers scramble to keep up with the developments in this area. As direct marketers ("sellers") move forward with telephone...
Read MoreHow Courts Interpret Ambiguous Contracts
A court's objective in a case involving the interpretation of a contract is to ascertain what the parties intended. When a contract's provisions are clear, a court will enforce the contract as written, without any reference to evidence outside the contract, such as testimony about what the parties...
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