Law Commons^™

Contract Interpretation Enforcement Costs: An Empirical Study Of Textualism Versus Contextualism Conducted Via The West Key Number System, Joshua M. Silverstein

Hofstra Law Review

This Article sets forth an empirical study of a central issue in the judicial and academic debate over the optimal method of contract interpretation: Whether "textualism" or "contextualism" best minimizes contract enforcement costs. The study measured enforcement costs in twelve ways. Under each of those measures, there was no statistically significant difference in the level of interpretation litigation between textualist and contextualist regimes. Accordingly, the study finds no support for either the textualist hypothesis that contextualism has higher enforcement costs or the contextualist counter-hypothesis that textualism has higher enforcement costs.

The study herein was conducted via the West Key Number …

Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther

Hofstra Law Review

In the last decade, the Supreme Court relied on scientific findings presented in amicus curiae briefs filed by various medical and psychological organizations and health professionals in three juvenile justice cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama. Theresearch showed that the structure and function of adolescent brains are distinct from those of adults, which supports the position that adolescents, as a class, are generally immature in three separate, but related, ways. First, adolescents are more likely to engage in risky behavior than adults; second, adolescents are less able to control their impulses than adults; and finally, …

Contracts Meet Henry Ford, Barak Richman

Hofstra Law Review

Legal scholars and legal educators view contracts as a welfare-maximizing (or optimal risk-allocating) device for two or more parties. Because we cling to this principal-driven paradigm, we think of lawyers only as the proverbial “transaction cost engineers,” the loyal agents of parties to a transaction. And whenever we observe contracts that appear to be suboptimal, we blame agency costs.

We instead should apply the literature on organizational economics to understand the production of contracts by the modern law firm. This literature better illustrates how law firms organize, why they produce the products they do, and why those products sometimes exhibit …

The Bankruptcy Ladder Of Priorities And The Inequalities Of Life, Philip R. Wood Qc (Hon)

Hofstra Law Review

No abstract provided.

The Pari Passu Interpretation In The Elliott Case: A Brilliant Strategy But An Awful (Mid-Long Term) Outcome?, Dr. Rodrigo Olivares-Caminal

Hofstra Law Review

No abstract provided.

The Pari Passu Clause In Sovereign Bond Contracts: Evolution Or Intelligent Design?, Mark L.J. Wright

Hofstra Law Review

No abstract provided.

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.

Three Theories Of Substantive Fairness, F. H. Buckley

Hofstra Law Review

No abstract provided.