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Full-Text Articles in Law

Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman Sep 2007

Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman

Chaim Saiman

The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely ...


The One Minute Manager Prepares For Mediation: A Multidisciplinary Approach To Negotiation Preparation, Donald R. Philbin, Jr. Mar 2007

The One Minute Manager Prepares For Mediation: A Multidisciplinary Approach To Negotiation Preparation, Donald R. Philbin, Jr.

Donald R. Philbin Jr.

No abstract provided.


Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall Jan 2007

Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall

Brian M McCall

It is time that the billions of dollars of money and bank account balances held by debtors be made available as security in a manner that is commercially practical. The rules governing the perfection of security interests in money and deposit accounts need to be reformed to allow perfection by filing. This article builds a case for the proposed revisions by addressing the vexing question “what is money.” A brief history, especially drawing upon the history of the UCC, of answers to this question is presented. Various policy rationales are explored including an examination of the different forms of payment ...


To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz Jan 2007

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as ...


False Categories In Commercial Law: The (Ir)Relevance Of (In)Tangibility, Juliet M. Moringiello Dec 2006

False Categories In Commercial Law: The (Ir)Relevance Of (In)Tangibility, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.