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Articles 1 - 25 of 25
Full-Text Articles in Law
Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein
Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein
Law Student Publications
This article is an example of what Professor Richard Epstein would call "Contracts small." According to Professor Richard Epstein, "'Contracts small' relates to contract law at the doctrinal level; it focuses on the rules of contract formation and performance; the everyday 'stuff of lawyer's law.' "This article looks to the Restatement of Contracts (hereafter "Restatement") and the Restatement (Second) of Contracts (hereafter "Restatement Second") for answers to the questions raised by the two problems. The Restatements generally have both been praised and condemned for their focus on doctrinal issues-on what Richard Epstein calls the "everyday stuff of lawyer's law." As …
Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model, Sinai Deutch
Consumer Contracts Law As A Special Branch Of Contract Law---The Israeli Model, Sinai Deutch
Touro Law Review
No abstract provided.
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Rodger Citron
No abstract provided.
The Ethics Of Invalid And 'Iffy' Contract Clauses, In Symposium: Contracting Out Of The Uniform Commercial Code, Christina L. Kunz
The Ethics Of Invalid And 'Iffy' Contract Clauses, In Symposium: Contracting Out Of The Uniform Commercial Code, Christina L. Kunz
Faculty Scholarship
This Symposium focuses on the extent to which attorneys can use agreed terms to supplant or “bump” the provisions of the Uniform Commercial Code (UCC). The articles in this Symposium demonstrate that the degree to which attorneys customarily “contract out” varies considerably from UCC article to article. In reality, though, the issues surrounding contracting out of UCC provisions are not limited to the UCC, statutes, or other codified rules. Most “repeat players” in the market periodically ask their lawyers to redraft their standard-form contracts in ways that increasingly favor the drafter. Some of these lawyers may intentionally draft clauses that …
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
The Business Fallout From The Rapid Obsolescence And Plannedobsolescence Of High-Tech Products: Downsizing Of Noncompetition Agreements, Ann C. Hodges, Porcher L. Taylor Iii
Law Faculty Publications
The recent rapid pace of technological change has made human capital more important, yet it has rendered the employee’s knowledge base obsolete more quickly. Employers use covenants not to compete, restricting employees from switching to work for competitors, in order to retain knowledgeable personnel. Currently, the lack of predictability in interpreting noncompete agreements allows employers to draft overly-lengthy noncompetes, encourages enforcement litigation, and curtails employees from changing jobs because of the fear of litigation. Employees should not be prevented from working for competitors for longer than is necessary to protect the employer’s legitimate interest. Use of obsolescence as a guide …
Mediation And The Transformation Of American Labor Unions, Ann C. Hodges
Mediation And The Transformation Of American Labor Unions, Ann C. Hodges
Law Faculty Publications
First, the Article analyzes in more detail the changes in the workplace that have led to various proposals for reform. Then the Article looks at the potential for mediation of claims that do not arise out of the collective bargaining agreement, analyzing the possible benefits from the point of view of employers, employees and unions. Next, some of the issues and obstacles to mediation are reviewed. Ultimately the Article concludes that the benefits of mediation outweigh the disadvantages and that in most collective bargaining relationships the obstacles should not prevent either negotiation of such provisions or their successful use for …
Red Owl's Legacy, Gregory M. Duhl
Red Owl's Legacy, Gregory M. Duhl
Faculty Scholarship
In the early 1960s, Joseph Hoffman, a high school graduate, baker and father of seven, sought to obtain a Red Owl grocery store franchise in Wisconsin. He entered into negotiations with Red Owl Stores, Inc. after the franchisor assured him that the $18,000 he had to invest in the franchise was sufficient. Over the course of the negotiations, Red Owl encouraged Hoffman to sell his bakery, buy a small grocery store to gain experience in the grocery business, sell his grocery store three months later, and move his family to the desired location for his Red Owl franchise. The negotiations …
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Scholarly Works
No abstract provided.
Fiduciary Duties As Residual Claims: Obligations To Nonshareholder Constituencies From A Theory Of The Firm Perspective , Jonathan R. Macey
Fiduciary Duties As Residual Claims: Obligations To Nonshareholder Constituencies From A Theory Of The Firm Perspective , Jonathan R. Macey
Cornell Law Review
No abstract provided.
Renting In Collegetown , Daniel E. Wenner
Truth About Secured Financing , Robert E. Scott
Truth About Secured Financing , Robert E. Scott
Cornell Law Review
No abstract provided.
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis , Lynn M. Lopucki
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis , Lynn M. Lopucki
Cornell Law Review
No abstract provided.
Importance Of Priority , Douglas G. Baird
Priority Contracts And Priority In Bankruptcy , Alan Schwartz
Priority Contracts And Priority In Bankruptcy , Alan Schwartz
Cornell Law Review
No abstract provided.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy , Steven L. Harris, Charles W. Mooney Jr.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy , Steven L. Harris, Charles W. Mooney Jr.
Cornell Law Review
No abstract provided.
Barbarians At The Trough: Riposte In Defense Of The Warren Carve-Out Proposal , Kenneth N. Klee
Barbarians At The Trough: Riposte In Defense Of The Warren Carve-Out Proposal , Kenneth N. Klee
Cornell Law Review
No abstract provided.
Uneasy Case For The Priority Of Secured Claims In Bankruptcy: Further Thoughts And A Reply To Critics , Lucian Arye Bebchuk, Jesse M. Fried
Uneasy Case For The Priority Of Secured Claims In Bankruptcy: Further Thoughts And A Reply To Critics , Lucian Arye Bebchuk, Jesse M. Fried
Cornell Law Review
No abstract provided.
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
UF Law Faculty Publications
No abstract provided.
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Law Faculty Publications
The approach adopted here is both historical and analytical. Part II of this Article describes the historical development of assignment law, and demonstrates that it parallels a more general shift of the law away from physical conceptions of property. It concludes that although a paper-based document may still be a practical requirement, there is no longer a valid theoretical justification for not making the law of negotiable instruments media neutral. In Part III we survey the features of negotiable instrument law and compare it generally with the law of assignments. This comparison suggests that the most striking substantive difference between …
A New Look At An Old Conundrum: The Determinative Test For The Hybrid Sales/Service Transaction Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú
A New Look At An Old Conundrum: The Determinative Test For The Hybrid Sales/Service Transaction Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantú
Faculty Articles
Historically, the concept of strict tort liability was confined to two areas: injuries resulting from dangerous activities, and harm inflicted by wild and/or dangerous animals. However, in 1963, the California Supreme Court held in Greenman v. Yuba Power Products that the theory of strict liability in tort also included products. Then, in 1965, The Restatement (Second) of Torts adopted Section 402A and endorsed the theory of Greenman that strict liability was available as a distinct cause of action in litigation involving injuries caused by defective products.
Though there was some initial confusion associated with the application of some of the …
Regulation And Responsibility: A Note On Banking , Frank H. Easterbrook
Regulation And Responsibility: A Note On Banking , Frank H. Easterbrook
Cornell Law Review
No abstract provided.
The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda
The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Classical Theory Of Law , Gary Peller
Classical Legal Tradition , Richard A. Epstein
Classical Legal Tradition , Richard A. Epstein
Cornell Law Review
No abstract provided.
Express Versus Automatic Assignment Of Section 10(B) Causes Of Action, David C. Profilet
Express Versus Automatic Assignment Of Section 10(B) Causes Of Action, David C. Profilet
Duke Law Journal
In Lowry v. Baltimore & Ohio Railroad, 1 the United States Court of Appeals for the Third Circuit considered whether the owner of a security may assert his seller's section 10(b) cause of action if the current owner did not receive an express assignment of the seller's rights. 2 That is, if the seller of a security has a section 10(b) claim, does the seller's cause of action "run with the security" so that the seller's purchaser takes the seller's cause of action by automatic assignment, or must the purchaser secure an express assignment of the seller's cause of action …