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Articles 1 - 18 of 18
Full-Text Articles in Law
Writing Contracts In The Client's Interest, James P. Nehf
Writing Contracts In The Client's Interest, James P. Nehf
South Carolina Law Review
No abstract provided.
The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben
The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben
Theses and Dissertations
The purpose of this research was to determine whether the Air Force contract protest frequency rises or falls with reforms in the acquisition process, number of AF Contract Actions, number of AF Contract Dollars, AF-GAO Sustain Rate, and/or General Economic Conditions (represented by the U.S. unemployment rate). Specific management questions address the effectiveness of acquisition reform initiatives, a comparison to other external factors, and the identification of AF-GAO Protest trends between 1984 and 1998. The research problem was explored with a thorough literature review and formulation of a multiple regression model. The research identified the need to evaluate the impact …
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Graydon S. Staring
When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …
A Note On Trend-Spotting In The Case Law, Keith N. Hylton
A Note On Trend-Spotting In The Case Law, Keith N. Hylton
Faculty Scholarship
Professor Robert Hillman tells us that he "will not try to resolve whether ... we should be enthusiastic or lament the recent judicial trend to apply rules that favor written contracts." This is a refreshingly non-dogmatic approach in a field where scholars are continually asserting reasons to celebrate or lament some new judicial trend. Moreover, Professor Hillman, again admirably in my view, is not even sure such a trend exists. If there is a trend in favor of written contracts, however, he believes that it has resulted because (1) "judicial decisions applying private law reflect changes in public opinion," and …
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
William & Mary Law Review
No abstract provided.
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Freedom Of Contract And The Securities Laws: Opting Out Of Securities Regulation By Private Agreement, Elaine A. Welle
Washington and Lee Law Review
No abstract provided.
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Are Consensual Relationship Agreements A Solution To Sexual Harassment In The Workplace?, Alison J. Chen, Jonathan A. Sambur
Hofstra Labor & Employment Law Journal
No abstract provided.
Secured Transactions Inside Out: Negative Pledge Covenants Property And Perfection , Carl S. Bjerre
Secured Transactions Inside Out: Negative Pledge Covenants Property And Perfection , Carl S. Bjerre
Cornell Law Review
No abstract provided.
The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker
Vanderbilt Journal of Transnational Law
Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Fordham Law Review
No abstract provided.
Construction Contract Damages: The “Measured Mile” Methodology, Steven C. Bennett
Construction Contract Damages: The “Measured Mile” Methodology, Steven C. Bennett
Touro Law Review
No abstract provided.
Thursday's Child: Litigation Over Possession Of Cryopreserved Embryos As A Call For Legislation, Jennifer Hodges
Thursday's Child: Litigation Over Possession Of Cryopreserved Embryos As A Call For Legislation, Jennifer Hodges
Santa Clara Law Review
No abstract provided.
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Faculty Publications
In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …
Recent Significant Cases Affecting Farmout Agreements, John S. Lowe
Recent Significant Cases Affecting Farmout Agreements, John S. Lowe
Faculty Journal Articles and Book Chapters
As this author observed in 1987, farmors' and farmees' mutual interest in maximizing available tax benefits causes the structure of farmout agreements to be very much the same, or at least fall into discernable patterns. Farmout substantive provisions, however, vary widely. The difference in substantive provisions results in part from the different goals that farmors and farmees seek when they enter into agreements. In part, the differences are reflexive; once one encounters a problem, one drafts to avoid it in the future. In part, also, the differences show the creativity of American businessmen and their lawyers in deal-making.
The cases …
An Economic Analysis Of The Guaranty Contract, Avery W. Katz
An Economic Analysis Of The Guaranty Contract, Avery W. Katz
Faculty Scholarship
Guaranty arrangements, in which one person stands as surety for a second person's obligation to a third, are ubiquitous in commercial transactions and in commercial law. In recent years, however, scholarly attention to the topic has been scant; and no one has systematically analyzed this body of law and practice from an economic policy perspective. Accordingly, this Article attempts to outline the basic economic logic underlying the guaranty relationship, and applies the results to a variety of specific issues in government policy and private planning. It poses and answers three main questions: First, why would a creditor prefer to make …
Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico
Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico
Ivo Teixeira Gico Jr.
O artigo traça os pontos relevantes acerca do contrato de arrendamento mercantil conhecido como leasing. The article outlines the important points about the leasing.