Abstract
Despite historical attention to such issues, the current approach to noncompete enforcement has been consistently criticized from a range of perspectives for not appropriately protecting the interests of either party. In Part II of this Essay, I take those criticisms as my starting point, discussing contemporary changes in the labor economy and in the popular expectations surrounding employment relationships that challenge the existing doctrinal test. In Parts III and IV, I consider possible changes to the doctrine, focusing primarily on the trend toward greater recognition of the contractual force of premarital agreements between spouses. In so doing, I use the "ultimate relational contract" to advocate for greater attention to formalities in the "penultimate relational contract."'
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.