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Full-Text Articles in Law and Race
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya
Faculty Scholarship
No abstract provided.
Latcrit At Ten Years, Margaret E. Montoya
Denial, Antoinette M. Sedillo Lopez
The Immorality And Inefficiency Of An Efficient Breach, Dawinder S. Sidhu
The Immorality And Inefficiency Of An Efficient Breach, Dawinder S. Sidhu
Faculty Scholarship
This Article attempts to analyze a concept in contract law known as the doctrine of efficient breach, which “compels [or at least encourages or invites] a party to a contract to breach if they can compensate the other party and remain better off than if they had fully performed the contract.”2 This doctrine appears to encourage immoral conduct, namely the breach of a contract. However, in the name of economic efficiency, wealth maximization, and social wealth, several prominent legal scholars, including Judge Richard A. Posner, the “leader of the school of Law and Economics movement,”3 have argued that an efficient …