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Articles 1 - 4 of 4
Full-Text Articles in Law
Are An Empty Head And A Pure Heart Enough? Mens Rea Standards For Judge-Imposed Rule 11 Sanctions And Their Effect On Attorney Action, Sybil L. Dunlop
Are An Empty Head And A Pure Heart Enough? Mens Rea Standards For Judge-Imposed Rule 11 Sanctions And Their Effect On Attorney Action, Sybil L. Dunlop
Vanderbilt Law Review
"In her wildest dreams, Barbie could not have imagined herself in the middle of Rule 11 proceedings."' However, in 2002, Mattel's Barbie Doll found herself in the center of "acrimonious litigation." Attorney James Hicks brought suit on behalf of Harry Christian, claiming that the Cool Blue Barbie infringed on the Christian Claudene Doll's copyright. Hicks, however, had failed to discover that Mattel designed Cool Blue Barbie six years before Christian's Claudine Doll. In light of this egregious error, the Ninth Circuit held that the district court did not abuse its discretion in finding Hicks' complaint frivolous under Rule 11. Barbie …
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus
Washington and Lee Law Review
No abstract provided.
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart
Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart
Daniel B. Bogart
Professor Bogart was keynote lecturer for the 2007 Kratovil Conference Real Estate Law and Practice sponsored by the John Marshall Law School Center for Real Estate Law. This article was solicited in connection with that lecture. In this article, Professor Daniel Bogart criticizes the unfortunate habit of many courts to import the doctrine of good faith and fair dealing, as it has been developed in residential real estate law, into commercial leasing. Commercial leasing practice is hugely important to real property lawyers and generates a significant portion of their legal fees. More importantly, commercial leasing is the driving force behind …