Posted on: April 23, 2013

"Whoever takes goods (on credit) and becomes bankrupt, then again takes goods and again becomes bankrupt, then takes goods again and yet again becomes bankrupt is to be put to death after the third time."
-The Yasa, medieval Mongolian law code c. 1220 (statute reported by the Egyptian historian al-Maqrizi, c. 1400)

Attorneys who represent creditors and debtors, respectively, will likely have different views on this particular piece of legal history.

Tag: Bankruptcy, Comparative Law, Creditor / Debtor Law, Legal History, Legal Theory, Structured Finance
Posted on: April 23, 2013

Updated 4/24/2012 - Meghan McArdle has further discussion at the Daily Beast.

Tag: Law & Economics, Taxation, Technology & Law
Posted on: April 22, 2013

Eugene Volokh reports on an interesting case, Med Express Inc. v. Nicholls, Case No. 13-CIV-0351 (Ohio Comm. Pl.).  The action was filed by an online vendor who received negative feedback on Ebay from a purchaser.

Tag: Civil Litigation / Civil Procedure, Commercial Litigation, Consumer Protection, Technology & Law, Torts
Posted on: April 17, 2013

Chapters 1 (Introduction) and 2 (What is Law?) of Business Law Basics are now available online.

Tag: Professional News
Posted on: April 16, 2013

The term “ADR” stands for “alternative dispute resolution.”  The term ADR, when used in reference to a pending civil lawsuit, refers to the resolution of the lawsuit by means other than having a judge or jury decide the ultimate issues.  ADR can be as informal as negotiations between the parties or their attorneys, or it can be as formal as binding arbitration.  One of the many advantages of ADR is that it can be tailored to suit the needs of the parties. 

Tag: Alternative Dispute Resolution, Civil Litigation / Civil Procedure
Posted on: April 15, 2013

“He that bereaves my will, which by God’s permission I have now made, let him be bereaved of these earthly joys; and may the Almighty Lord – cut him off from all holy men’s communion in Doomsday; and be he delivered to Satan, the Devil and all his cursed companions to hell’s bottom, and there be tortured, with those whom God has cast off or forsaken, without intermission, and never trouble my heirs.”

-Will of Wolgith, 1046, setting forth an unusually robust no-contest clause.

Tag: Agency, Legal History, Trust Law, Wills & Estates