Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Americans With Disabilities Act (1)
- Appellate Division (1)
- Board of regents (1)
- CISG (1)
- Capacity (1)
-
- Cognitive Incapacity (1)
- College (1)
- College of Saint Rose (1)
- Commercial law (1)
- Consideration (1)
- Constitutional law (1)
- Contract governance (1)
- Contract law (1)
- Contractual Incapacity (1)
- Disability Drift (1)
- Disability Rights Movement (1)
- Due Process (1)
- Employment law (1)
- Fourteenth amendment (1)
- Harry Flechtner (1)
- Harry M. Flechtner (1)
- Insanity (1)
- International commercial law (1)
- Labor law (1)
- Maghribi (1)
- Mental Disability (1)
- Mental Incapacity (1)
- Moghimzadeh (1)
- Network theory (1)
- New york state constitution (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Legal History
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Contract Governance In Small-World Networks: The Case Of The Maghribi Traders, Lisa Bernstein
Contract Governance In Small-World Networks: The Case Of The Maghribi Traders, Lisa Bernstein
Northwestern University Law Review
This Article revisits the best known example of successful private ordering in the economics literature: the Maghribi Jewish merchants who engaged in both local and long-distance trade across the Islamic Mediterranean in the eleventh century. Drawing on a case study of over 200 Maghribi merchant letters, it develops a network governance-based account of the way that private ordering might have supported exchange among the Maghribi traders with little or no reliance on the public legal system. The analysis reveals that a particular type of bridge-and-cluster configuration of ties among traders and trading centers--known as a “small-world network”—can have strong reputation-based …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Contractual Incapacity And The Americans With Disabilities Act, Sean M. Scott
Contractual Incapacity And The Americans With Disabilities Act, Sean M. Scott
Dickinson Law Review (2017-Present)
The doctrine of contractual incapacity allows people with mental disabilities to avoid their contractual liability. Its underlying premise is that the law has an obligation to protect people with such disabilities both from themselves and from unscrupulous people who would take advantage of them; mental incapacity provides this protection by rendering certain contracts unenforceable. The Disability Rights Movement (“DRM”), however, has challenged such protective legal doctrines, as they rest on outmoded concepts about people with mental disabilities.
This essay argues that the mental incapacity doctrine undermines the goals of the DRM and the legislative goals of the Americans with Disabilities …
Harry Flechtner--A True Teacher/Scholar, With Rhythm, Ronald A. Brand
Harry Flechtner--A True Teacher/Scholar, With Rhythm, Ronald A. Brand
Articles
This is a tribute to Professor Emeritus Harry Flechtner upon his retirement from the University of Pittsburgh School of Law. Professor Flechtner was a leading scholar on the United Nations Convention on Contracts for the International Sale of Goods (CISG), a stellar teacher, a musician who used that skill in the classroom as well as the Vienna Konzerthaus, and a genuinely nice person.