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Articles 1 - 20 of 20

Full-Text Articles in Law

Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel Dec 1988

Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel

Cardozo Law Review

No abstract provided.


Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy Oct 1988

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.


The Distinction Between Negotiorum Gestio And Mandate, Leland H. Ayres, Robert E. Landry Sep 1988

The Distinction Between Negotiorum Gestio And Mandate, Leland H. Ayres, Robert E. Landry

Louisiana Law Review

No abstract provided.


Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono Jul 1988

Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono

Cornell International Law Journal

No abstract provided.


Review Of Standard Forms Or Terms Under The Vienna Convention, E. Allan Farnsworth Jul 1988

Review Of Standard Forms Or Terms Under The Vienna Convention, E. Allan Farnsworth

Cornell International Law Journal

No abstract provided.


The Borderland Of Tort And Contract—Opening A New Frontier, Peter Schlechtriem Jul 1988

The Borderland Of Tort And Contract—Opening A New Frontier, Peter Schlechtriem

Cornell International Law Journal

No abstract provided.


Sayonara To Minimum Contracts: Asahi Metal Industry Co. V. Superior Court, Howard B. Stravitz Jul 1988

Sayonara To Minimum Contracts: Asahi Metal Industry Co. V. Superior Court, Howard B. Stravitz

South Carolina Law Review

No abstract provided.


Implications Of The Repeal Of Louisiana Civil Code Article 1481, Catherine Augusta Mills May 1988

Implications Of The Repeal Of Louisiana Civil Code Article 1481, Catherine Augusta Mills

Louisiana Law Review

No abstract provided.


Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr. Mar 1988

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver Mar 1988

Federal And State Antitrust Enforcement: Constitutional Principles And Policy Considerations, Daniel Oliver

Cardozo Law Review

No abstract provided.


Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt Feb 1988

Should Some Independent Contractors Be Redefined As "Employees" Under Labor Law?, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


The Role Of Contract Principles In Determining The Validity Of Surrogacy Contracts, June R. Carbone Jan 1988

The Role Of Contract Principles In Determining The Validity Of Surrogacy Contracts, June R. Carbone

Santa Clara Law Review

No abstract provided.


Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones Jan 1988

Common Sense And Article 9: A Uniform Approach To Automobile Repossession, Darryll K. Jones

Journal Publications

Clients who seek legal assistance earlier in the repossession process preserve their options, which may include preventing the repossession altogether, allowing the client an opportunity to reclaim the vehicle after repossession, or limiting the client's liability to the loss of the vehicle itself. Many of the actions considered by the attorney will be based on the provisions in Article 9 of the Uniform Commercial Code (U.C.C. or the Code). This article begins with a discussion of steps that may be taken to eliminate the need to resort to the U.C.C. Because these steps will not always be successful, the article …


Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes—A Time For Statutory Clarification, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine Jan 1988

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

Articles

In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.


Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker Jan 1988

Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz Jan 1988

Testamentary Substitutes: Retained Interests, Custodial Accounts And Contractual Transactions—A New Approach, Sidney Kwestel, Rena C. Seplowitz

Scholarly Works

No abstract provided.


Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia Jan 1988

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …


American Contract Law At The Turn Of The Century, Walter F. Pratt Jr. Jan 1988

American Contract Law At The Turn Of The Century, Walter F. Pratt Jr.

South Carolina Law Review

No abstract provided.


Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker Jan 1988

Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.