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1988

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Full-Text Articles in Law

Newsletter Vol.16 No.5 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Nov 1988

Newsletter Vol.16 No.5 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Good Faith In Calling Demand Notes And In Refusing To Extend Additional Financing, William H. Lawrence, Robert D. Wilson Oct 1988

Good Faith In Calling Demand Notes And In Refusing To Extend Additional Financing, William H. Lawrence, Robert D. Wilson

Indiana Law Journal

No abstract provided.


Newsletter Vol.16 No.4 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1988

Newsletter Vol.16 No.4 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Newsletter Vol.16 No.3 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Jul 1988

Newsletter Vol.16 No.3 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


A Coasean Experiment On Contract Presumptions, Stewart J. Schwab Jun 1988

A Coasean Experiment On Contract Presumptions, Stewart J. Schwab

Cornell Law Faculty Publications

Despite the theoretical importance of the Coase Theorem, scholars have given surprisingly little attention to verifying its predictions empirically. Supporters often accept the theorem as dogma, while armchair critics assail its assumptions. In an exciting series of recent articles, however, Elizabeth Hoffman and Matthew Spitzer have presented experimental evidence, as have others, that largely supports the Coasean prediction that bargainers will negotiate around inefficient property rights to reach a Pareto-optimal solution. The methodology has even gained sufficient attention to have its detractors.

The existing experiments analyze the results of bargains when one side has the power to impose unilaterally one …


Newsletter Vol.16 No.2 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Mar 1988

Newsletter Vol.16 No.2 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin Jan 1988

On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin

Faculty Scholarship

No abstract provided.


The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham Jan 1988

The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker Jan 1988

Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


La Naturaleza Jurídica Del Cheque En La Ley 23.549, Martin Paolantonio, Eduardo Moccero Jan 1988

La Naturaleza Jurídica Del Cheque En La Ley 23.549, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Ante la prohibición de endoso del cheque impuesta por la ley 23.549 se analiza la calificación jurídica que cabe al cheque desde la perspectiva de la teoría general de los títulos valores


Actualización Monetaria Y Propuesta De Acuerdo, Martin Paolantonio Jan 1988

Actualización Monetaria Y Propuesta De Acuerdo, Martin Paolantonio

Martin Paolantonio

Análisis sobre la necesidad de incluir cláusulas de indexación en las propuestas de acuerdo preventivo


Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker Jan 1988

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Newsletter Vol.16 No.1 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Jan 1988

Newsletter Vol.16 No.1 1988, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Books Received, Law Review Staff Jan 1988

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT

By E. Allan Farnsworth and Viktor P. Mozolin

Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00

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FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS

By Thomas M. Franck and Michael J. Glennon

St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941

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THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA

By Tom J. Farer

New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294

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JUDGES

By David Pannick

New York: Oxford University Press,1987. Pp. vii, 255. …


Duldulao V. St. Mary Of Nazareth Hospital Center: Illinois Recognizes Handbook Exception To At Will Employment Relationship, 21 J. Marshall L. Rev. 657 (1988), Jill P. O'Brien Jan 1988

Duldulao V. St. Mary Of Nazareth Hospital Center: Illinois Recognizes Handbook Exception To At Will Employment Relationship, 21 J. Marshall L. Rev. 657 (1988), Jill P. O'Brien

UIC Law Review

No abstract provided.


Clarifying The Record: A Comment, Victor P. Goldberg Jan 1988

Clarifying The Record: A Comment, Victor P. Goldberg

Faculty Scholarship

In their recent article in this journal, Boudreaux and Ekelund [1987] ha presented a distorted characterization of some of my work on the economics o regulation. The editor of this journal has graciously offered me the opportunity to respond to their criticisms and to redress some ambiguities, real or imagine in my earlier work.


Tips For Drafting Contracts, Martin Frey Jan 1988

Tips For Drafting Contracts, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Investment And Export Contracts In The People’S Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman Jan 1988

Investment And Export Contracts In The People’S Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The remarkable economic reforms begun in the People's Republic of China (PRC) in 1979 have made possible transactions between Chinese and foreigners that were previously unthinkable. But the reforms have also caused, and are likely to continue to cause, dislocations and uncertainties which often impair Sino-foreign commercial relationships as they are embodied in contracts. This article discusses two different types of contracts, contracts to establish enterprises in China with foreign direct investment (investment contracts) and contracts to purchase Chinese products for export (export contracts). It further comments on why these contracts often cannot be implemented according to their terms for …


Baby M: The Contractual Legitimation Of Misogyny, Richard F. Devlin Frsc Jan 1988

Baby M: The Contractual Legitimation Of Misogyny, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

The emergence of what have become known as the "new reproductive technologies" is a phenomenon which is neither essentially good nor essentially bad. On the one hand, such developments provide opportunities for social choice, family planning and procreative autonomy which, until recently, were impossible. This expansion of horizons is clearly a "good". However, on the darker side, as a community, we must be concerned about the directions which such opportunities might take. There are very real dangers involved, including excessive genetic engineering, raised expectations of perfect "products" with the correlative dissatisfaction with the "imperfect", inequality of access to these new …


Ucc Section 2-714(1) And The Lost-Volume Theory: A New Remedy For Middlemen?, John Hackley Jan 1988

Ucc Section 2-714(1) And The Lost-Volume Theory: A New Remedy For Middlemen?, John Hackley

Kentucky Law Journal

No abstract provided.


Lenders' Liability - The Shift From Contract To Tort Doctrine Deters Banks From Enforcing Unjustified And Detrimental Contract Provisions, 21 J. Marshall L. Rev. 369 (1988), Donna B. Wallace Jan 1988

Lenders' Liability - The Shift From Contract To Tort Doctrine Deters Banks From Enforcing Unjustified And Detrimental Contract Provisions, 21 J. Marshall L. Rev. 369 (1988), Donna B. Wallace

UIC Law Review

No abstract provided.


Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky Jan 1988

Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky

UIC Law Review

No abstract provided.


Computer Malpractice And Other Legal Problems Posed By Computer Vaporware, Ronald N. Weikers Jan 1988

Computer Malpractice And Other Legal Problems Posed By Computer Vaporware, Ronald N. Weikers

Villanova Law Review

No abstract provided.


Judgment Call: Theoretical Approaches To Contract Decision-Making, Charles L. Knapp Jan 1988

Judgment Call: Theoretical Approaches To Contract Decision-Making, Charles L. Knapp

Faculty Scholarship

No abstract provided.


Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown Jan 1988

Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown

Campbell Law Review

This Note questions the North Carolina Court of Appeals decision in Home Electric Co. of Lenoir, Inc. v. Hall & Underdown Heating & Air Conditioning Co. This Note discusses sections 90 and 87(2) of the Restatement (Second) of Contracts and their corresponding comments and illustrations; the North Carolina Supreme Court decision in Wachovia Bank and Trust v. Rubish; and the rationale of the Fourth Circuit Court of Appeals in Allen M. Campbell Co. v. Virginia Metal Industries, which allowed the affirmative use of the promissory estoppel doctrine in a construction bidding case. This Note also examines the majority …


A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn Jan 1988

A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn

Cleveland State Law Review

The purpose of this Article is to present a conceptual framework within which one may develop a comprehensive approach to negotiating relational business agreements. The framework identifies and integrates various considerations in a very broad manner to make it applicable to the various business contexts in which negotiations may occur.


Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones Jan 1988

Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones

Journal Publications

Clients who seek legal assistance earlier in the repossession process preserve their options, which may include preventing the repossession altogether, allowing the client an opportunity to reclaim the vehicle after repossession, or limiting the client's liability to the loss of the vehicle itself. Many of the actions considered by the attorney will be based on the provisions in Article 9 of the Uniform Commercial Code (U.C.C. or the Code). This article begins with a discussion of steps that may be taken to eliminate the need to resort to the U.C.C. Because these steps will not always be successful, the article …


Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman Jan 1988

Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio Jan 1988

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.


Relational Contract Theory And Sovereign Debt, Keith A. Palzer Jan 1988

Relational Contract Theory And Sovereign Debt, Keith A. Palzer

Northwestern Journal of International Law & Business

Relational contract theory will first be presented using principles gleaned from writings in the field 7 to craft a functional/relational model with which to approach legal practice.8 This version of relational contract will then be applied to the problem of developing country debt through description of a hypothetical sovereign loan relationship.9 By exploring the conflicts and trends of this association under a general "taxonomy of relational contract," normative analysis of the restructuring process can be accomplished, contractual trends identified, and suggestions for change offered.'