Volume 49, Issue 3
AALS Section on Contracts: New Frontiers in Private Ordering
Privatizing Employment Protections
In earlier work, Ayres and Brown introduced the “Fair Employment Mark,” and its licensing agreement, which gives a licensee’s employees and applicants contract rights of action as third-party beneficiaries if…
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The Body Market: Race Politics & Private Ordering
Racial exploitation is now the powerful, conventional challenge to emerging discourses on alternative methodologies of procuring organs, especially markets. The evidence, including growing waitlists and thousands of deaths each year,…
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Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements
This Article calls for an end to employers’ practice of requiring worker assent to “cubewrap” contracts---standardized agreements provided after initial acceptance of employment. Through delayed-term noncompete and arbitration agreements, employers…
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Contract Law and Distribution in the Age of Contract Reform
This Article tracks the ongoing adaptation of U.S. contract law to the 1990s’ contraction of the welfare state. Some courts strive to compensate for the shortage of welfare services and…
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Military Purpose Act: An Alternative to the Posse Comitatus Act—Accomplishing Congress’s Intent with Clear Statutory Language
In a world where terrorism and natural disasters have become part of the reality of American life, it is essential to identify how the federal government can respond to domestic…
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Expanding the Scope of the Expansive Approach: The Burlington Northern Standard as a Per Se Approach to Federal Anti-Retaliation Law
This Note examines the United States Supreme Court’s construction of workplace retaliation under Title VII of the Civil Rights Act of 1964 and advocates for the application of this approach…
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State v. Grell: Placing the Burden on Defendants to Prove Mental Retardation in Capital Cases
In State v. Grell, the Arizona Supreme Court addressed the question of whether placing such a burden on a defendant is unconstitutional in light of the U.S. Supreme Court’s decision…
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Gipson v. Kasey: The Beginning of a New Analytical Framework in Arizona for Duty Determinations?
In Gipson v. Kasey, the Arizona Supreme Court took an unprecedented step toward clarifying the elements that a court should consider when determining whether a duty exists.
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