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Full-Text Articles in Law

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Jul 1994

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.


The Implied Covenant Of Good Faith And Fair Dealing In Alaska: One Court’S License To Override Contractual Expectations, Jason Randal Erb Jun 1994

The Implied Covenant Of Good Faith And Fair Dealing In Alaska: One Court’S License To Override Contractual Expectations, Jason Randal Erb

Alaska Law Review

No abstract provided.


Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch May 1994

Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch

William & Mary Law Review

No abstract provided.


An Alternative Approach To The Taxation Of Employment Discrimination Recoveries Under Federal Civil Rights Statutes: Income From Human Capital, Realization, And Nonrecognition, Mary L. Heen Mar 1994

An Alternative Approach To The Taxation Of Employment Discrimination Recoveries Under Federal Civil Rights Statutes: Income From Human Capital, Realization, And Nonrecognition, Mary L. Heen

Law Faculty Publications

The taxation of employment discrimination recoveries under federal civil rights statutes, according to the United States Supreme Court's pronouncement in United States v. Burke, turns on whether a particular claim is sufficiently "tort-like" to warrant exclusion from income as a personal injury. In place of the "tort-like" standard, Professor Mary L Heen offers a human capital approach that she believes is both more responsive to the goals of the civil rights statutes at issue and more consistent with income tax policy.

Like personal injuries in tort, injuries caused by employment discrimination diminish an individual's human capital-they are just ...


Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White Jan 1994

Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White

Other Publications

Both industrial sellers and consumer sellers should look at proposals for revision of the sections relating to warranty liability in Article 2. Particularly important are the sections on warranty, express and implied, on third-party liability, disclaimers and limitation of remedy, notice, and statute of limitations. Using current law as a baseline, revised Article 2 increases sellers' liability in at least half a dozen ways and decreases it in no significant way.


Legality, Standing And Substantive Review In Community Law, Paul Craig Jan 1994

Legality, Standing And Substantive Review In Community Law, Paul Craig

Articles by Maurer Faculty

No abstract provided.


The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White Jan 1994

The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White

Other Publications

Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .


Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties ...