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Articles 31 - 60 of 100
Full-Text Articles in Law
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Deepa Varadarajan
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
Deepa Varadarajan
This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall
Brenda Marshall
This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …
When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof
When Governments Speak: Toward A Theory Of Government Expression And The First Amendment, Mark G. Yudof
Mark G Yudof
No abstract provided.
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Mark G Yudof
No abstract provided.
The Property Tax In Texas Under State And Federal Law, Mark G. Yudof
The Property Tax In Texas Under State And Federal Law, Mark G. Yudof
Mark G Yudof
No abstract provided.
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof
Mark G Yudof
No abstract provided.
Student Discipline In Texas Schools, Mark G. Yudof
Three Faces Of Academic Freedom, Mark G. Yudof
Legalization Of Dispute Resolution, Distrust Of Authority, And Organizational Theory: Implementing Due Process For Students In The Public Schools, Mark G. Yudof
Mark G Yudof
No abstract provided.
Serrano In The Political Arena, David L. Kirp, Mark G. Yudof
Serrano In The Political Arena, David L. Kirp, Mark G. Yudof
Mark G Yudof
No abstract provided.
Personal Speech And Government Expression, Mark G. Yudof
Personal Speech And Government Expression, Mark G. Yudof
Mark G Yudof
No abstract provided.
Pennzoil V. Texaco, Mark G. Yudof, John L. Jeffers
Implementation Theories And Desegregation Realities, Mark G. Yudof
Implementation Theories And Desegregation Realities, Mark G. Yudof
Mark G Yudof
No abstract provided.
Religious Liberty In The Balance, Mark G. Yudof
International Human Rights And School Desegregation In The United States, Mark G. Yudof
International Human Rights And School Desegregation In The United States, Mark G. Yudof
Mark G Yudof
No abstract provided.
Intramural Musings On Academic Freedom: A Reply To Professor Finkin, Mark G. Yudof
Intramural Musings On Academic Freedom: A Reply To Professor Finkin, Mark G. Yudof
Mark G Yudof
No abstract provided.
Equal Educational Opportunity And The Courts, Mark G. Yudof
Equal Educational Opportunity And The Courts, Mark G. Yudof
Mark G Yudof
No abstract provided.
Liability For Constitutional Torts And The Risk-Averse Public School Official, Mark G. Yudof
Liability For Constitutional Torts And The Risk-Averse Public School Official, Mark G. Yudof
Mark G Yudof
No abstract provided.
The Ad Volorem Property Tax And Productivity Values For Farm And Ranch Land: A Legal Policy In Search Of Justification, Mark G. Yudof
The Ad Volorem Property Tax And Productivity Values For Farm And Ranch Land: A Legal Policy In Search Of Justification, Mark G. Yudof
Mark G Yudof
No abstract provided.
Tea At The Palaz Of Hoon: The Human Voice In Legal Rules, Mark G. Yudof
Tea At The Palaz Of Hoon: The Human Voice In Legal Rules, Mark G. Yudof
Mark G Yudof
No abstract provided.
School Finance Reform In Texas: The Edgewood Saga, Mark G. Yudof
School Finance Reform In Texas: The Edgewood Saga, Mark G. Yudof
Mark G Yudof
No abstract provided.
Suspension And Expulsion Of Black Students From The Public Schools: Academic Capital Punishment And The Constitution, Mark G. Yudof
Suspension And Expulsion Of Black Students From The Public Schools: Academic Capital Punishment And The Constitution, Mark G. Yudof
Mark G Yudof
No abstract provided.
Introduction To Education Symposium, Mark G. Yudof
School Finance Reform: Don't Worry, Be Happy, Mark G. Yudof
School Finance Reform: Don't Worry, Be Happy, Mark G. Yudof
Mark G Yudof
No abstract provided.
Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof
Effective Schools And Federal And State Constitutions: A Variety Of Opinions, Mark G. Yudof
Mark G Yudof
No abstract provided.
Genealogy And The Law In Canada 2011, Margaret Ann Wilkinson
Genealogy And The Law In Canada 2011, Margaret Ann Wilkinson
Margaret Ann Wilkinson
No abstract provided.
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
Marshall's Plan: The Early Supreme Court And Statutory Interpretation, John Choon Yoo
John C Yoo
No abstract provided.
The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo
The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo
John C Yoo
Outlines the legal case for denying Geneva Convention protection to Taliban and al Qaeda detainees in the U.S. Difference between U.S. policy towards Iraq detainees and the policy towards Taliban and al Qaeda; Impact of the Geneva Convention on the U.S. goal of effective acquisition of intelligence from the interrogation of detainees; Incentives and disincentives of the enforcement of international law; Comparison of the legal rights of members of al Qaeda and the Taliban militias from professional soldiers; Customary laws governing war combatants and civilians.