Digital Commons Network^™

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal

No abstract provided.

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

No abstract provided.

The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of, Lizzie Klink

Villanova Law Review

No abstract provided.

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal

No abstract provided.

In Re Weinstein Company Holdings Llc: An Overly Systematic Approach To Executory Contracts Limits Much-Needed Flexibility, Thomas Hauk, Andrew Schwartz

Villanova Law Review

No abstract provided.

Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps

Villanova Law Review

No abstract provided.

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal

No abstract provided.

The Economics Of Deal Risk: Allocating Risk Through Mac Clauses In Business Combination Agreements, Robert T. Miller

Working Paper Series

In any large corporate acquisition, there is a delay between the time the parties enter into a merger agreement (the signing) and the time the merger is effected and the purchase price paid (the closing). During this period, the business of one of the parties may deteriorate. When this happens to a target company in a cash deal, or to either party in a stock-for-stock deal, the counterparty may no longer want to consummate the transaction. The primary contractual protection parties have in such situations is the merger agreement’s “material adverse change” (MAC) clause. Such clauses are heavily negotiated and …

Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda

Working Paper Series

The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …

The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman

Working Paper Series

The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …

The Ghost Of Alan Freed: An Analysis Of The Merit And Purpose Of Anti-Payola Laws In Today's Music Industry, Kristen Lee Repyneck

Villanova Law Review

No abstract provided.

Border Disputes: Trespass To Chattels On The Internet, Richard Warner

Villanova Law Review

No abstract provided.

Is Revision Due For Article 2, Fairfax Leary Jr., David Frisch

Villanova Law Review

No abstract provided.

Appendix, Various Editors

Villanova Law Review

No abstract provided.

The Last Word, Harris Ominsky

Villanova Law Review

No abstract provided.

Introduction: Deficiency Judgments In Pennsylvania: Two Points Of View, Various Editors

Villanova Law Review

No abstract provided.

The Lender's Gauntlet Revisited, Harris Ominsky

Villanova Law Review

No abstract provided.

A Reply, Louis J. Sirico Jr.

Villanova Law Review

No abstract provided.

Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner

Villanova Law Review

No abstract provided.

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review

No abstract provided.

Banks And Banking - Bank May Finance The Involuntary Takeover Of One Of Its Borrowers And May, In Making Its Loan Decision, Rely On Confidential Information Received From The Takeover Target, John C. Sullivan

Villanova Law Review

No abstract provided.

Promissory Estoppel And Section 2-201 Of The Uniform Commercial Code, Michael B. Metzger, Michael J. Phillips

Villanova Law Review

No abstract provided.

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review

No abstract provided.

Secured Transactions - What Floats Can Be Sunk, Jack B. Justice

Villanova Law Review

No abstract provided.

Certified Checks And Funds Redirection, Richard A. Lord

Villanova Law Review

No abstract provided.

Constitutional Law - State Action - State's Statutory Delegation Of Governmental Power To Creditor And Expansion Of His Common Law Remedies Held Sufficient State Action To Subject Creditor's Action To Fourteenth Amendment, Peter John Michael Rohall

Villanova Law Review

No abstract provided.

Complete Stock Redemption In A Family Corporation: A Warning About The Pitfalls Of Two Standards, Eric T. Johnson

Villanova Law Review

No abstract provided.

Parks V. Mr. Ford And The Development Of A Rational Approach To Resolving Inconsistencies In Results Of Due Process Attacks On Creditors' Remedies, David A. Scholl

Villanova Law Review

No abstract provided.