Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- William & Mary Law School (3)
- Duke Law (2)
- University of San Diego (2)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
-
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- St. John's University School of Law (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Miami Law School (1)
- University of Oklahoma College of Law (1)
- University of South Carolina (1)
- Villanova University Charles Widger School of Law (1)
- Publication
-
- Duke Law Journal (2)
- Faculty Publications (2)
- San Diego Law Review (2)
- All Faculty Scholarship (1)
- American Indian Law Review (1)
-
- Articles & Book Chapters (1)
- Cornell Journal of Law and Public Policy (1)
- Dalhousie Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Library Staff Publications (1)
- Marquette Sports Law Review (1)
- Publications (1)
- South Carolina Law Review (1)
- Thomas J. Stipanowich (1)
- University of Miami International and Comparative Law Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
- Publication Type
- File Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Contracts-Breach Distinguished From Rescission
Contracts-Breach Distinguished From Rescission
Indiana Law Journal
No abstract provided.
Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku
Student Article: Market Forces And The Rule Of Law As A Means Of Improving The Quality Of Life In Sub-Saharan Africa: Ghana, A Case Of Critical Analysis, Paul Sergius Koku
University of Miami International and Comparative Law Review
No abstract provided.
Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv
Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv
Duke Law Journal
No abstract provided.
An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber
An Ivy League Mystery: The Lost Papers Of Arthur Linton Corbin, Scott D. Gerber
South Carolina Law Review
No abstract provided.
Contract Reconceived, Peter A. Alces
Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut
Letting Federal Unions Protest Improper Contracting-Out, Charles Tiefer, Jennifer Ferragut
Cornell Journal of Law and Public Policy
No abstract provided.
A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza
Dalhousie Law Journal
Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.
Law Reviews And Technology: Copyright Law From Noah Webster To Tasini And The Importance Of Written Contracts, Lynn Mclain
Law Reviews And Technology: Copyright Law From Noah Webster To Tasini And The Importance Of Written Contracts, Lynn Mclain
All Faculty Scholarship
This handout from a 2001 presentation for the National Conference of Law Reviews outlines the intersection between copyright and contract law, particularly as it pertains to authors assigning the copyright of law review articles to the journal publishing the article.
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
“Freedom Of” Or “Freedom From”? The Enforceability Of Contracts And The Integrity Of The Llc, Leigh A. Bacon
“Freedom Of” Or “Freedom From”? The Enforceability Of Contracts And The Integrity Of The Llc, Leigh A. Bacon
Duke Law Journal
No abstract provided.
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Library Staff Publications
No abstract provided.
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter
American Indian Law Review
No abstract provided.
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb
Marquette Sports Law Review
No abstract provided.
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
Publications
This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.
Finding Fault With Wonnell's "Two Contractual Wrongs", George M. Cohen
Finding Fault With Wonnell's "Two Contractual Wrongs", George M. Cohen
San Diego Law Review
Professor Christopher Wonnell's excellent paper, Expectation, Reliance, and the Two Contractual Wrongs,' makes two basic points,
both of which I find convincing, but neither of which contract scholars generally appreciate and accept. The first point, largely descriptive and so less controversial, is that the concepts of expectation and reliance are not simply two different ways of conceiving compensation; rather, they are two different ways of conceiving contractual wrongs from both a moral and an economic perspective.2 From a moral perspective, expectation damages remedy the wrong of breaching a contractual promise that should have been performed. Reliance damages remedy the wrong …
Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes
Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes
San Diego Law Review
The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
One thing I found out when I was a prosecutor is that you should never tell a police officer he cannot do something, for that just serves as an open invitation for him to do it. In recent years, I have learned a similar lesson about legal scholarship which I should probably keep to myself but won't. If you proclaim the existence of a scholarly "consensus," this is an open invitation for academics to try to demolish such a claim.
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
Articles & Book Chapters
In practice, most pre-incorporation contracts cause no difficulty for the parties who intend to benefit directly from them. In the normal course of events, once the corporation is incorporated, both the corporation and the third party perform on the contract: However, when the corporation does not come into existence, or comes into existence but refuses to adopt a contract, difficult legal issues arise in relation to the rights and liabilities of the parties? In these situations, the following questions must be -resolved: To what extent is the promoter liable on,the contract? To what extent is the corporation liable on the …
Contract And Conflict Management, Thomas J. Stipanowich
Contract And Conflict Management, Thomas J. Stipanowich
Thomas J. Stipanowich
Despite the widespread use of mediation and other dispute resolution processes in the United States today, many members of the bench and bar - including those responsible for the drafting, interpretation and implementation of consensual dispute resolution provisions still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. Transactional lawyers, those in the best position to offer advice and counsel in the structuring of contractual conflict management options, tend to be less well informed than colleagues in …