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Inefficiency Of Specific Performance As A Contractual Remedy In Chinese Courts: An Empirical And Normative Analysis, Lei Chen, Larry A. Dimatteo
Inefficiency Of Specific Performance As A Contractual Remedy In Chinese Courts: An Empirical And Normative Analysis, Lei Chen, Larry A. Dimatteo
UF Law Faculty Publications
This article investigates the values and latent policies, which have shaped the development of Chinese law in the area of the availability of specific performance (SP) as a contractual remedy. The National People’s Congress (Legislature) and Supreme People’s Court in China have addressed the remedial structure of Chinese contract law, namely, the availability of the remedy of SP as opposed to the awarding of damages-only. The law is clear that the remedies of SP and damages are ordinary remedies that a claimant is free to choose between. The question that is confronted in this article is whether in practice the …
Fingerprints: An Impressionistic And Empirical Evaluation Of Richard Posner’S Impact On Contract Law, Jeffrey L. Harrison
Fingerprints: An Impressionistic And Empirical Evaluation Of Richard Posner’S Impact On Contract Law, Jeffrey L. Harrison
UF Law Faculty Publications
Richard Posner’s retirement after 36 years on the federal bench presents an ideal opportunity to reflect on his sometimes controversial career as a scholar and a judge. Since his principal scholarly work, Economic Analysis of Law, has been cited in legal scholarship over 7500 times a good working hypothesis is that his impact on law has been substantial. This article considers his impact on contract law. Two lines of research were conducted: one line explores the impact of Judge Posner’s scholarly writings on judicial opinions; the other line examines the impact of his opinions on other courts.