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Series

United States

Faculty Scholarship

1982

Articles 1 - 3 of 3

Full-Text Articles in Law

The Bargain Principle And Its Limits, Melvin Aron Eisenberg Feb 1982

The Bargain Principle And Its Limits, Melvin Aron Eisenberg

Faculty Scholarship

Explores the bargain principle in contract law and its limits in the U.S. Examination of the reasons that support the bargain principle in the context of half-completed bargains; Analysis of the limits that should be placed on the bargain principle under the doctrine of unconscionability; Evaluation of the reasons that support the bargain principle in the context of executory bargains.


Historical Interpretation Of The Eleventh Amendment: A Narrow Construction Of An Affirmative Grant Of Jurisdiction Rather Than A Prohibition Against Jurisdiction, A, William A. Fletcher Jan 1982

Historical Interpretation Of The Eleventh Amendment: A Narrow Construction Of An Affirmative Grant Of Jurisdiction Rather Than A Prohibition Against Jurisdiction, A, William A. Fletcher

Faculty Scholarship

No abstract provided.


Contractual Ordering Of Marriage: A New Model For State Policy, Marjorie Maguire Shultz Jan 1982

Contractual Ordering Of Marriage: A New Model For State Policy, Marjorie Maguire Shultz

Faculty Scholarship

Presents the concept of marriage contracting as an alternative model for state policy in California. Options available to the state in governing marriage; Characteristics of the contractual governance option; Evaluation of the desirability and feasibility of contractual governance of marriage.