Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 66
Full-Text Articles in Law
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Penalty Default Rules In Quebec Contract Law, Zackary Goldford
Journal of Civil Law Studies
Few would deny that contract law is filled with default rules, but there has been a great deal of scholarly debate about their purposes and functions. Some American scholars have argued that there are default rules that do not align with most parties’ expectations; indeed, they impose a burden on one or both parties if they are not departed from. Departing from these default rules typically requires one or both parties to share information that they might have otherwise kept to themselves. These have been called “penalty default rules.” While there is a significant amount of scholarship on penalty default …
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
"You're Fired!": The Common Law Should Respond With The Refashioned Tort Of Abusive Discharge, William R. Corbett
Journal Articles
An at will prerogative without limits could be suffered only in an anarchy, and there not for long--it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract at will for no reason, or for an arbitrary or irrational reason, there can be no right to terminate such a contract for an unlawful reason or purpose that contravenes public policy. A different interpretation would encourage and sanction lawlessness, which law by its very nature …
Delaware As Deal Arbiter, Christina M. Sautter
Delaware As Deal Arbiter, Christina M. Sautter
Journal Articles
Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management conduct in the M&A process and with respect to deal terms, particularly deal protection devices. Like in any relationship, there is a "give and take" between practitioners and Delaware. That is, practitioners are "on the front lines," often innovating with respect to new deal structures and deal terms. After some time, Delaware has the …
Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash
Bond For Deed In Louisiana: 99 Problems But Being A Sale Ain’T One, Endya L. Hash
Louisiana Law Review
The article focuses on how parties use bond for deed contracts and treatment of a bond for deed contract as a sale protects the parties, clarifies applicable law, and gives effect to the true nature of this contract in Louisiana.
An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark
An Inherent Contradiction: Corporate Discretion In Morals Clause Enforcement, Todd J. Clark
Louisiana Law Review
The article focuses on the development and creation of the morals clause as a means to curb various types of expression and historical context of the development of the implied obligation of good faith and public policy considerations influence the enforceability of some contracts.
The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman
The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman
Journal of Civil Law Studies
No abstract provided.
Abuse Of Right In Quebec: Some 40 Years Later, Jean-Louis Baudouin
Abuse Of Right In Quebec: Some 40 Years Later, Jean-Louis Baudouin
Louisiana Law Review
No abstract provided.
Closing The Deal In The Bayou State: The Purchase And Sale Of Producing Oil And Gas Properties, Patrick S. Ottinger
Closing The Deal In The Bayou State: The Purchase And Sale Of Producing Oil And Gas Properties, Patrick S. Ottinger
Louisiana Law Review
No abstract provided.
Minimizing Counterparty Bankruptcy Risk, Mitchell E. Ayer
Minimizing Counterparty Bankruptcy Risk, Mitchell E. Ayer
Louisiana Law Review
No abstract provided.
Binding Future Selves, Kaiponanea T. Matsumura
Binding Future Selves, Kaiponanea T. Matsumura
Louisiana Law Review
No abstract provided.
Contract Law And The Hand Formula, Daniel P. O'Gorman
Contract Law And The Hand Formula, Daniel P. O'Gorman
Louisiana Law Review
No abstract provided.
Strategic Retreat: A Proposed Response To Evasive Energy Company Tactics Following The Shale Boom-And-Bust, Samuel S. Crichton
Strategic Retreat: A Proposed Response To Evasive Energy Company Tactics Following The Shale Boom-And-Bust, Samuel S. Crichton
LSU Journal of Energy Law and Resources
No abstract provided.
Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass
Finding Room For Fairness In Formalism--The Sliding Scale Approach To Unconscionability, Melissa T. Lonegrass
Journal Articles
This Article evaluates the sliding scale approach to unconscionability, defends its use, and advocates for its continued and expanded application to consumer standard form contracts. Part I describes the sliding scale approach and its recent popularity in state courts, thereby filling a gap in the scholarly doctrine, which has to date failed to fully examine this trend. Parts II and III defend the sliding scale approach, praising its potential to align the unconscionability analysis with interdisciplinary research regarding consumer behavior and to balance formalist concerns about judicial regulation of unfair terms in standard form contracts. Finally, Part IV calls for …
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Journal Articles
Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations - a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. …
Dusting Off The Code: Using History To Find Equity In Louisiana Contract Law, Charles Tabor
Dusting Off The Code: Using History To Find Equity In Louisiana Contract Law, Charles Tabor
Louisiana Law Review
No abstract provided.
Comparative Ruminations On The Foreseeability Of Damages In Contract Law, Franco Ferrari
Comparative Ruminations On The Foreseeability Of Damages In Contract Law, Franco Ferrari
Louisiana Law Review
No abstract provided.
Ramirez V. Fair Grounds Corporation: The Harm In Holding Harmless, Neal Joseph Kling
Ramirez V. Fair Grounds Corporation: The Harm In Holding Harmless, Neal Joseph Kling
Louisiana Law Review
No abstract provided.
Toward A General Concept Of Conformity In The Performance Of Contracts, Eyal Zamir
Toward A General Concept Of Conformity In The Performance Of Contracts, Eyal Zamir
Louisiana Law Review
No abstract provided.
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Vices And Consent, Error, Fraud, Duress And An Epilogue On Lesion, Saul Litvinoff
Louisiana Law Review
No abstract provided.
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Take-Or-Pay Payments And Settlements - Does The Landowner Share?, Angela Jeanne Crowder
Louisiana Law Review
No abstract provided.
The Distinction Between Negotiorum Gestio And Mandate, Leland H. Ayres, Robert E. Landry
The Distinction Between Negotiorum Gestio And Mandate, Leland H. Ayres, Robert E. Landry
Louisiana Law Review
No abstract provided.
Implications Of The Repeal Of Louisiana Civil Code Article 1481, Catherine Augusta Mills
Implications Of The Repeal Of Louisiana Civil Code Article 1481, Catherine Augusta Mills
Louisiana Law Review
No abstract provided.
Clarifying The Nature Of Louisiana's Right Of First Refusal In The Transfer Of Immovables, R. David Wheat
Clarifying The Nature Of Louisiana's Right Of First Refusal In The Transfer Of Immovables, R. David Wheat
Louisiana Law Review
No abstract provided.
Determining The Obligation To Defend Under Indemnity Contracts Governed By Louisiana Law, Mary Brandt Jensen
Determining The Obligation To Defend Under Indemnity Contracts Governed By Louisiana Law, Mary Brandt Jensen
Louisiana Law Review
No abstract provided.
Third-Party Beneficiary Contracts, Frederick Mcgaha
Third-Party Beneficiary Contracts, Frederick Mcgaha
Louisiana Law Review
No abstract provided.
Introduction, Saul Litvinoff
Detrimental Reliance, Jon C. Adcock
A Riddle Of Solidarity: The Release Of One Solidary Obligor, Mark C. Dodart
A Riddle Of Solidarity: The Release Of One Solidary Obligor, Mark C. Dodart
Louisiana Law Review
No abstract provided.
Contract Dissolution, James J. Hautot
Offer And Acceptance, Michael W. Mengis