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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.


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 …


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.


Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury Jan 1988

Remedies For Breach Of Contract Under The Uniform Commercial Code, The General Conditions Of Delivery Of Goods Of The Council For Mutual Economic Assistance And The United Nations Convention On Contracts For The International Sale Of Goods, Hasan T. Choudhury

LLM Theses and Essays

This thesis attempts to examine and compare an important component of any law of contract for the sale of goods, namely, the remedies available to an aggrieved party following a breach of contract. The first part of the thesis deals with the historical background of the uniform laws, their scope and specific characteristics. The following chapters examine the status, role and significance of the two major remedies - the damages and specific performance, in the major legal systems and the uniform laws. In addition, it compares the remaining remedial provisions and concludes that, although the major legal systems of the …


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.


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.


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.


The Decline Of The Contract Market Damage Model, James J. White Jan 1988

The Decline Of The Contract Market Damage Model, James J. White

Articles

In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.


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

========================

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

=======================

THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA

By Tom J. Farer

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

===========================

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.


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.


Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


The Decline Of The Contract Market Damage Model, James J. White Jan 1988

The Decline Of The Contract Market Damage Model, James J. White

University of Arkansas at Little Rock Law Review

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 …


Judicial Law Reform In The Law Of Contract, Joost Blom Jan 1988

Judicial Law Reform In The Law Of Contract, Joost Blom

All Faculty Publications

For all its stability the law of contract has seen a good deal of reform, most of it judge-made, in the last quarter century or so. In this 1988 paper the author tries to sketch at least some of the main features of this judicial law reform in the law of contracts, to suggest the areas where this reform has been a success and where it has been less so, and, at the end, to ask what this overall picture tells us about the process of judicial law reform in the common law. This paper will touch on a number …


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.