You are here:  Home  >  Articles by Jack Graves

Penalty Clauses as Remedies: Exploring Comparative Approaches to Enforceability

By   /  October 28, 2013  /  Contracts, Featured 

Law Books

Commercial agreements often provide for “fixed sums” payable upon a specified breach. The common law distinguishes between provisions for “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as punitive. In contrast, such agreements are generally enforced in civil law jurisdictions, without any distinction between liquidated damages and penalties—though they may be reduced if excessive, even as penalties. In contrast, this same split between the civil and common law jurisdictions can be found in the treatment of specific relief, with the former presumptively granting such “ordinary” relief, subject to a narrowly cabined set of exceptions, and the latter granting such relief only under certain limited “extraordinary” circumstances.

Read More →

An Essay on Rebuilding and Renewal in American Legal Education

By   /  March 21, 2013  /  Featured, Legal Education 

Students in Touro Law Center Law Library

The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly and disruptive to many of its occupants. However, it will also present unique opportunities for innovation and renewal.

Read More →