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Articles 1 - 4 of 4
Full-Text Articles in Law
Rights And Obligations Of Third Parties, Aristides N. Hatzis
Rights And Obligations Of Third Parties, Aristides N. Hatzis
Aristides N. Hatzis
Three different issues, related to third party involvement in a contractual relationship, are examined. The first two (assignment of contractual rights/delegation of contractual duties and third-party beneficiary contracts) are examined in a unified way. After pointing to the striking similarity between beneficiary and assignment contracts, we discuss the non-simultaneous assent argument, the danger of creating open classes of beneficiaries without the intention of the contracting parties, and other problems. In a second part, we deal with the controversial issue of efficient breach due to inducement by a third party. After reviewing the literature, we briefly consider the use of liquidated …
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Nancy J. Knauer
In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan
The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan
Melissa K. Scanlan
The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions and …