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2000

Columbia Law School

SSRN

Law and Gender

Articles 1 - 2 of 2

Full-Text Articles in Law

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott Jan 2000

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

This paper examines the influence of legal regulation on the social norms that shape marital behavior, focusing particularly on the interaction between legal reform and norm change in the past generation. Two categories of norms governed the spousal and parental roles in traditional marriage – commitment norms and gender norms. In regulating the spousal relationship, commitment norms functioned to promote cooperation and to allow the parties to make credible commitments, while gender norms encouraged spouses to subordinate the wife's interest to that of the husband. These norms, although analytically distinct, were intricately interwoven (or "bundled"), so that disaggregation became difficult ...


Discretion In Long-Term Open Quantity Contracts: Reining In Good Faith, Victor P. Goldberg Jan 2000

Discretion In Long-Term Open Quantity Contracts: Reining In Good Faith, Victor P. Goldberg

Faculty Scholarship

The UCC and common law have used "good faith" to interpret long-term, open quantity contracts in a manner which ignores the parties' allocation of discretion. With no theory to guide them, courts have rewritten contracts to say, in effect, that a seller agrees to keep running his factory at a loss in order to generate waste (the waste removal company being the purchaser under the long-term contract) or that a buyer in a long-term requirements contract has promised to never run its facility at full capacity. Commentators have routinely accepted these interpretations without recognizing the peculiar features of this default ...