Pinning the Tail on the Donkey Sep 19, 2008
Location: SC Reply # 2 Date: Sep 19, 2008 - 2:03 AM EST Chucky wants to eliminate contract law How far we have come since the founding of the Republic ... They have already got a Supreem Court to eliminate private property so now they wish to invalidate contract law. (Townhall.com)
Saint Mary's Reno RNs Win Landmark Nevada Pact Sep 13, 2008
The ratios, which match those won by CNA/NNOC in California law and hundreds of California hospitals, and strengthened through enforceable contract law, are the first-ever California-style, hospital-wide ratios achieved for any RNs outside California. "We set initial goals for staffing ratios and have gone well beyond our expectations. We are so proud to be the first state outside of California to have achieved the California ratios in our contract," said neo-natal intensive care Unit RN Marylea... (PR Newswire)
Retired officer pleads no contest to having fake police ID Sep 13, 2008
While Smith has never worked for the San Francisco Police Department, he has worked for decades with the Special Patrol Officers, a unique San Francisco union of independent officers who perform contract law enforcement services. Copyright. (Half Moon Bay Review, CA)
Small plastic parts Sep 12, 2008
I do not believe that marriage is necessarily between a man and a woman, but I do believe that marriage is a lifelong exercise in ad hoc contract law. The most obvious example, which I have mentioned before, concerns a spouse driving the other spouse to the airport. (San Francisco Chronicle)
China orders immediate rectification of gov't fund abuses Sep 5, 2008
The Cabinet also reviewed a draft ordinance complementary for the enforcement of the Labor Contract Law, and decided that further revision has to be done before it could be enacted. The Labor Contract Law took effect on Jan. 1 and has raised concern in China's corporate world because of its enhanced protection of laborers' rights. (Xinhuanet, China)
3rd Circuit: Agreement Can Be Enforced Despite Language Barrier Aug 30, 2008
Chagares found that the appeal raised fundamental issues of contract law, and that Morales was effectively asking the court to carve out an unprecedented exception ... Those fundamental principles of contract law proved fatal for Morales, Chagares found, because his objection to the arbitration agreement is not premised on fraud or on a claim that Sun Contractors misrepresented the contents of the agreement to him ... Fuentes said he agreed with his colleagues that contract law does not allow a... (Law.com)
* Universities add iPhones, iPods to students item list Aug 25, 2008
Robert Summers, who has taught at Cornell Law School for about 40 years, announced last week X in a detailed, footnoted memorandum X that he would ban laptop computers from his class on contract law. I would ban that too if I knew the students were using it in class, Summers said of the iPhone, after the device and its capabilities were explained to him. (Taipei Times, Taiwan -- World)
Wisconsin Appellate Court Lowers Threshold for Lawsuits Against Sellers of Diseased Livestock. Aug 22, 2008
The Court of Appeals' decision allows buyers to file lawsuits that do not have the typical burdens associated with contract law, including having to give the seller notice and an opportunity to "cure" the sale, and significant limitations on the amount of damages that can be awarded by a jury. The Court of Appeals decision is very favorable to farmers that unknowingly purchasing diseased livestock and sustained significant damages. (Agri-View, WI)
State upholds lawsuit decision against Sellersville Aug 20, 2008
The case can be appealed to the state Supreme Court, but that court doesn't often agree to review contract law cases unless it's a major case, Rice said. "It would be a little surprising if they take it," Rice said at the East Rockhill Township Board of Supervisors Aug. 19 meeting. (Springfield Sun, PA)
Army Moves Ahead With Mobile Laser Cannon... Aug 20, 2008
It's when you carry massive debt and you've strangeled your economy through oppressive labor regulation (EU), lax enforcement of contract law and property rights (South America, Russia, and China), or embezzle public funds instead of investing in economic infrastructure like roads, electricity, and water (Africa). $36 million for a mobile laser cannon seems like a bargain to me. (The Drudge Report)
Legal milestone for open source Aug 15, 2008
" Instead the court ruled he might be able to claim breach of contract. Legal experts have said the distinction is important since under federal copyright law a plaintiff can seek statutory damages and can be more easily granted an injunction than under contract law. But now the US appeals court "determined that the terms of the Artistic License are enforceable copyright conditions". "Copyright holders who engage in open source licensing have the right to control the modification and... (BBC News)
Open-source software no longer up for grabs Aug 15, 2008
The distinction is important because the potential remedies under federal copyright law are much stronger than under contract law, said Jacobsen's lawyer, Victoria Hall. She called the appeals court decision "a fantastic ruling.". (MSNBC -- Politics)
Who pays when lenders fail? Fannie Mae and Freddie Mac investors should... Aug 7, 2008
Congress' bailout of Fannie Mae and Freddie Mac, which effectively guarantees the debt they sold to investors, is fundamentally at odds with a basic principle of contract law that every first year law student must master: the written terms of the contract apply even if those terms are contrary to any verbal (oral) statements made by the other party to the contract. The bailout says that this cornerstone of contract law doesn't apply to investors who purchased Fannie and Freddie debt securities. (San Francisco Chronicle -- Opinion)
Olathe ponders police options Aug 6, 2008
Perkins could not say what exactly would become of the OPD, were the town to contract law enforcement services with Dunlap. He said at this point, the idea is little more than a suggestion and the town needs to know what Dunlap could actually provide. (Montrose Daily Press, CO)
China's retail sales up 23% in June, a 10-year high Jul 30, 2008
These included workers' expectations of rising incomes, more allowances for low-income earners as a result of the new labor contract law and efforts by local governments to raise welfare payments to the needy. Retail sales stood at 5. (Xinhuanet, China)
Wal-Mart Strikes Pay Deal With Chinese Union Jul 26, 2008
Collective bargaining is a requirement of the Labor Contract Law that came into effect at the start of this year. Wal-Mart made its first agreement in Shenyang, in the northeastern province of Liaoning, on July 14 to increase employees' pay by 8% in both 2008 and 2009, a Wal-Mart spokeswoman told the AFP news network. (Forbes)
LETTERS: NCT, July 21, 2008 Jul 22, 2008
Therefore, your reference to whether Wiz would support applying it to CONTRACT law, which is civil law, is a completely inappropriate application of the term. And I think if you're so big on opposing any retroactive application of law (civil), Wiz asked a couple of really good questions: do you always oppose retroactive tax CUTS. (North County Times)
Licensing contractors would help consumers avoid pitfalls Jul 13, 2008
on the county, having a license means that someone has done a criminal background check on the contractor, he has passed a test that shows he understands some contract law relevant to the business, and he has no history of scamming customers. It's an important protection for consumers against unscrupulous folks who may otherwise come into their homes, take thousands of dollars, and leave before finishing the job. (Albany Times Union)
Proud to be in the U.S. Jul 4, 2008
His minor was in international law and contract law. Nine years as a travel agent gave him the opportunity to see much of the world and compare the differences among countries. (The St. Augustine Record)
An Uncertain Victory for Chinas Workers Jul 4, 2008
On January 1, 2008, the Labor Contract Law went into effect, ushering in sweeping changes to Chinese labor policy. The law brought about after a spate of headline-grabbing incidents of severe worker abuse in China is to curb worker abuse and promote harmonious and sustainable relationships among employers and employees. (YaleGlobal Online Magazine, CT)
Company-owned devices: Handle with care Jun 28, 2008
"One consistency in contract law is that, if you signed it, it's your own fault if you didn't read it.". Workers' compensation issues can arise from workers who are telecommuting. (Atlanta Journal-Constitution)
Lover of Cheating Husband Wins Point, Loses Case: Ann Woolner Jun 26, 2008
The only way to understand any of this is to see it as little more than boring old contract law, which is essentially what it is ... The reasons for the limitations on the relationship aren't important in contract law. (Bloomberg -- Columnists)
Board hires consultant for zoning draft Jun 26, 2008
The Board approved the contract law enforcement agreements with the various cities in the County and the Auditor's Office will be forwarding the documents to the communities for their action. Action was taken by the Board on an item added to the agenda regarding the purchase of a new ambulance for the Washington County Ambulance Service. (Kalona News, IA)
How to Buy the Tanker Jun 23, 2008
I have some standing to do so, given that I practiced federal contract law for about three decades and personally tried at least one hundred protest cases like the one Boeing just won. The government is supposed to buy what it needs, not what it wants. (Human Events Online)
Lion investors vote against Indophil stake sale to Xstrata Jun 23, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
* MOEA to send experts to help Taiwanese investors Jun 20, 2008
Chiu said Chinas new labor contract law, as well as its ending of preferential tax treatment for Taiwanese investors, could potentially raise production costs and increase competition for Taiwanese investors in China. The new labor contract law, which came into effect in January, increases labor costs by increasing pay, as well as the compensation a worker is entitled to when dismissed by a company, Chiu said. (Taipei Times, Taiwan -- World)
Paulson, Bernanke Face Cleveland's Golden Rebuke: Amity Shlaes Jun 19, 2008
Americans also try out their theories about their greenbacks in all fields, including mundane thickets of contract law cases. Just such a case involving a 400,000-square-foot building in Cleveland is now being decided in the U.S. Court of Appeals for the Sixth Circuit. (Bloomberg -- Columnists)
GAO Overturns Air Force Tanker Contract Jun 19, 2008
Today the Government Accountability Office sustained Boeing s protest against the Air Force award of the new air refueling tanker contract to Northrop Grumman/EADS. The press release -- -- shows that GAO agreed with Boeing that the Air Force had violated government contract law and regulations by making the choice of the Airbus aircraft based on criteria different from the ones in the Air Force request for proposals. HUMAN EVENTS is awaiting a redacted copy of the full decision and will write on... (Human Events Online)
Seattle's showdown with Sonics starts today Jun 16, 2008
Courts usually don't force parties to fulfill contract obligations against their will, no matter the specific performance language, said Steve Calandrillo, a contract law professor at the University of Washington Law School who's been following the Sonics case ... The judge will balance the lease's wording against the general principles of contract law, and the consequences of forcing the Sonics to stay in Seattle. (Boston Globe)
What's ahead Jun 14, 2008
Don Landes, an attorney since 1978, will present information to seniors regarding probate, trusts, durable power of attorney for healthcare, contract law, business, commercial and private real estate law and litigation all aspects of senior legal concerns. Refreshments will be provided. (Coos Bay-North Bend The World, OR)
Queensland law students fly high with a brawl and a bribe Jun 10, 2008
Contract law students at Queensland University of Technology are flying high in cyberspace this semester with a fictional airline and tackling the legal ramifications of a virtual bar-room brawl - and apparently they're having fun. This is a law school with a reputation for doing things differently. (Sydney Morning Herald -- Technology)
Gay Marriage and Divorce Jun 6, 2008
The idea that governs much of contract law that you are trying to discern and enforce the intent of the parties doesn't work in divorce, since parties getting married never intend to get divorced, even though half of them do. Every year, I ask my students how many of them plan to get married, and almost every hand goes up. (Newsmax)
Commissioners discuss landfill options Jun 5, 2008
Duty said that Texas Disposal Systems should put their money where their mouth is by bidding a contract which would require the winner to pay all possible monetary penalties resulting from breach of contract law suits by Waste Management. She said it is the county s desire to make sure no litigation would result in penalties to tax payers. (Taylor Daily Press, TX)
Lawsuit fights law abolishing township assessors Jun 5, 2008
Under Indiana's constitution and contract law, when voters say we will hire you for four years and pay you, then it's a contract,'' Price said. Comments. (Rensselaer Republican, IN)
* Returning bosses looking north May 30, 2008
Many China-based Taiwanese businesspeople have returned home since China implemented the Labor Contract Law at the start of this year, said Chen Hsi-chung (z), general manager of Hty Franchise System Co (), on Wednesday. Under the law, labor costs in China have increased by 10 percent to 40 percent, while real estate prices have risen in Shanghai, Guangzhou and Shenzhen, where many Taiwanese businesspeople are located, Chen said. (Taipei Times, Taiwan -- World)
Q & A with Elyse Roenick May 24, 2008
I plan to get my juris doctorate and practice contract law. (Clemsontigers.com)
Barack McGovern May 22, 2008
I would be in favor of policies that address and/or improve the following: (i) government (or private) investment in education and infrastructure to support commerce and create a smarter, more mobile workforce (note that investment dollars have a multiplying impact on GDP), (ii) stable to declining marginal tax rates that encourage individual investment (for the same reason), (3) predictable, and preferably low inflation, (4) relatively efficient capital markets that allow for those that have... (Atlanta Journal-Constitution -- Opinion)
2008 Article IV Consultation for Estonia -- Conclusions of the Mission May 20, 2008
The draft labor contract law recently agreed between social partners would go a long way to address the residual labor market rigidities. Consideration could be given to its early adoption and implementation. (IMF News)
Charlestown: Hopkinton should be forced to pay May 18, 2008
Town councilors voted 5-0 last week authorizing Craven to investigate whether provisions of the state s Caruolo Act and contract law can be used for leverage in the latest dispute over school funding ... Councilor Harriet A. Allen said a breach of contract lawsuit could be the mechanism, or strategy, to get Hopkinton to pay for capital improvements ... If there s no cooperation and they re not doing their best in the interest of the collective venture, the theory of contract law may be... (Westerly Sun, RI)
How devious credit card companies can smother you with debt May 17, 2008
Elizabeth Warren, a contract law expert, said, "I don't know any merchant in America who can change the price after you've bought the item except a credit card company. They are the new loan sharks in America.". Credit agreements are another trap for unsuspecting cardholders. (Lodi News Sentinel, CA)
Two internets May 15, 2008
It can only operate as it does because contract law and financial regulation provide a way for the community to enforce its decisions against members, and this is true for other online services. However not all governments are good; not all governments are wise and sensible; and not all governments listen to reason. (BBC News -- Technology)
The Russians aren't coming ... nor are many others May 11, 2008
Magnitogorsk got no money for its lost treasure, but Russian contract law was changed so no more players, like Malkin did, could opt out of a signed contract with only a two-week notice. Adjusting to the West. (Pittsburgh Post-Gazette, PA)
Bank rorts must cease May 6, 2008
Under Australian contract law, institutions are entitled to recoup only the costs they incur as a result of your infringement, which for now is usually little more than a stamp. If you get hit with a fee in the meantime, be sure to tell them you know they are on dubious legal ground. (Sydney Morning Herald -- Business)
Consumers should know laws Apr 21, 2008
What's in a consumer contract is a little bit of torts law (which covers intentional fraud), a pinch of contract law and a dash of consumer law. Nadine Ballard agreed to walk us through the answer to the question you posed. (Cleveland.com)
Bankruptcy revamp fades from Senate housing bill Apr 4, 2008
But mortgage bankers and Republicans oppose the bankruptcy change, saying it would intrude on contract law and drive up mortgage interest rates. The measure would allow judges, in limited cases, to revise the terms of a mortgage on a primary residence for a homeowner in Chapter 13 bankruptcy. (ABC News -- Wire)
Housing bailouts coming Apr 3, 2008
The precedent guiding all contract law in the USA, including federal oversight, is grounded in laws of servitude and the binding auctions which rung em up, and brung em in ... I defy any of you Clarence Darrow uber-shysters to blog a brief about the implied socialism inherent in the hybrid exception of subsidized remedies for violations of contract law, (upon which our government relied when they bailed out Bear Stearns), employed by the entrenched oversight institutions being wagged so... (Atlanta Journal-Constitution)
Reservoir Dogs Mar 29, 2008
State " Zip: Email: 12 ISSUES FOR $12.00 71% OFF! 24 ISSUES FOR $18.00 79% OFF! 36 ISSUES FOR $24.00 Best Deal! Print Send JOHN PIERPONT MORGAN and Ron Jeremy wouldn't seem to have much in common at first glance save for a certain flair with facial hair and similar views on applied contract law. "I don't want a lawyer to tell me what I cannot do; I hire them to tell me how to do what I want to do," the legendary is reputed to have said. A century later, not much has changed, the legendary adult... (SmartMoney)
Flight, pain mark latestChina revolution Mar 28, 2008
A labor contract law was brought into effect this year ... Due to the labor contract law, the company had to shrink its labor force from 5,000 to 2,000 to cut costs, while the unified tax law caused a 10% rise in foreign enterprises' tax liabilities, he said. (Asia Times Online)
S Korean investors quit China Mar 24, 2008
Employers are grumbling in particular about a new labour contract law, which went into effect at the beginning of this year, that makes it harder to lay off staff. Dang Guoying, a rural economist at the Chinese Academy of Social Science, said the law did put pressure on companies. (India Times)
Business people Mar 23, 2008
Lori Doerr, a Realtor with Bianco Realty, has been awarded the Graduate Realtors Institute designation, after completing 90 hours of classroom instruction, covering subjects such as contract law, professional starndards, sales and marketing, finance and risk reduction. Nelson hired. (Bismarck Tribune, ND)
Drug Companies on the Hook for Off-Label Use of Generic Mar 22, 2008
He noted that the Supreme Court's 2005 decision in Bilt-Rite Contractor, Inc. v. Architectural Studio found that plaintiffs are not barred from recovering economic losses because the action 'sounds in tort rather than contract law. " The defense, in its motion for partial summary judgment, argued that Clark didn't fall within the narrow exception carved out from the economic loss rule by the Bilt-Rite Court for negligent misrepresentation claims by adopting Section 552 of the Restatement of... (Law.com)
Related Group preps in-house army against lawsuits Mar 20, 2008
"But, it's one of the overall purposes of contract law to require that people honor agreements entered into. It's difficult to get out of [a purchase contract], outside of bankruptcy. Courts are - and should be - reluctant to let people get out of deals just because they don't like them anymore.". A different view. (South Florida Business Journal, FL)
OceanaGold announces new personnel appointments Mar 19, 2008
Alison joined the Company in September 2004 and was most recently Corporate Counsel for Oceana Gold (NZ) Ltd. Alison will continue to be charged with legal responsibilities for the New Zealand operations but will also work closely with the Company's General Counsel on matters regarding construction and contract law ... Prior to joining Oceana Gold (NZ) Ltd she worked as a Senior Associate with Simpson Grierson in Auckland where she specialised in construction and contract law. (Canada Newswire)
* Nike report focuses on labor problems in China Mar 15, 2008
A labor contract law that went into effect this year sets higher standards for labor contracts, use of temporary workers, layoffs and other employment conditions. Some hoped the move would encourage independent unionization in the country. (Taipei Times, Taiwan -- World)
Man shot by off-duty officer after Temecula Rod Run Mar 15, 2008
RF wrote on Mar 9, 2008 9:46 AM:Senior - All "Politics" aside, the real answer to your question is: When cities incorporate, they make a decision to contract law enforcement services from the Sheriff's Department or start their own Police Department. Cities contract from the Sheriff's Department often because the infrastructure is already in place for the law enforcement division - beyond just the officers this includes dispatch/communications, maintenance, special teams (such as SWAT, Computer... (North County Times)
CPPCC members make their voices heard Mar 10, 2008
The new Labor Contract Law won't substantially increase employers. costs, a senior trade union official said on Saturday. (Xinhuanet, China)
Minister: China's employment situation "very severe" this year Mar 9, 2008
BEIJING, March 9 (Xinhua) -- The labor contract law needs to be implemented rather than amended at the current stage, a senior labor official said here on Sunday. "After it came into effect in January, the law was welcomed by employees and most employers, but we also noticed some different views and voices," said Vice Minister of Labor and Social Security Sun Baoshu at a press conference on the sidelines of the ongoing parliament annual session. (Xinhuanet, China)
Water pollution, laborers' rights top Chinese legislature's supervision list Mar 8, 2008
"We need to truly protect the lawful rights and interests of workers and ensure the healthy growth of children by inspecting the implementation of the labor contract law, the compulsory education law and the law on the protection of minors," Wu told nearly 3,000 legislators at the ongoing NPC annual session. Editor: Jiang Yuxia. (Xinhuanet, China)
Fund to aid PRD firms restructure Mar 5, 2008
Factors such as higher minimum salary, enhanced State requirements for environmental protection, shortage of energy and workers, rise in raw material prices, yuan revaluation and the new labor contract law have made it difficult for them to continue operating. (Source: China Daily). (Xinhuanet, China)
China migrant laborers learn the law to win rights Mar 3, 2008
This January, a new labor contract law took effect and a dispute arbitration law will come into force in May. Premier Wen Jiabao has personally campaigned to curb the problem of managers withholding pay, a situation many migrants say has improved significantly during the five years of his tenure. (ABC News -- Wire)
A woman lawmaker who speaks for the vulnerable Mar 2, 2008
BEIJING, March 2 (Xinhua) -- Lawyer Chen Shu is no stranger to China's new laws: the Property Law, Law on Administrative Approval, Law on Protection of Minors, Law on Enterprise Income Tax, Law on Enterprise Bankruptcy and Labor Contract Law ... " They are proposals urging for building accessory laws to the Labor Contract Law which takes effect on Jan. 1 this year and to the Emergency Response Law which takes effect on Nov. 1 last year.". (Xinhuanet, China)
* Taipei Computer Association urges Ma and Hsieh to raise foreign worker ratio Feb 23, 2008
Chen said that the implementation of the Labor Contract Law (XPk) in China raised operational costs there considerably. Workers wages paid by Walton Advanced Engineering (F) rose from 750 yuan (US$105) to 850 yuan, he said, not including an additional 8 percent property purchase bonus. (Taipei Times, Taiwan -- World)
Software licences branded unfair Feb 22, 2008
The NCC has now referred 17 companies to the Office of Fair Trading (OFT) for investigation under the Unfair Terms and Conditions of Contract law. Among these are household names including Apple, Adobe, Microsoft, Symantec, Magix, Nero, Corel, Sega and McAfee. (Pocket-lint.co.uk)
Mayor eyes courthouse equalizer Feb 14, 2008
But a local lawyer, Charles Pillans III, who specializes in contract law and who represented the old design-build team's architectural firm, told the city last year it can't negotiate with the second-ranked team after entering into a contract with the first-ranked team. Plus, Auchter/Perry-McCall was going to build a criminal courthouse, but now Peyton wants to expand the scope for Turner to build a criminal and civil building, which Pillans said makes the project substantially different than... (Florida Times-Union)
Three seek third branch bench Feb 10, 2008
PRIVATE PRACTICE: Civil and criminal trial work and appellate work; trials involving homicide, sexual assault and other serious felonies, family law and child welfare cases; real estate, guardianships, municipal law, school law, business and contract law, bankruptcy, labor matters. JUDICIAL EXPERIENCE: Court Commissioner, 20 years; Small Claims Court Commissioner, four years; Assistant Family Court Commissioner, 20 years. (Chippewa Falls Chippewa Herald, WI)
