Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (2)
- Law and Society (2)
- Public Law and Legal Theory (2)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
-
- Business Organizations Law (1)
- Commercial Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Environmental Law (1)
- Judges (1)
- Land Use Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal Remedies (1)
- Natural Resources Law (1)
- Property Law and Real Estate (1)
- Social and Behavioral Sciences (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase
Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase
Robert M Lloyd
ABSTRACT Recovery of Damages for Lost Profits: The Historical Development The rule of Hadley v. Baxendale is widely considered the most important rule of contract damages. In fact, however, the rule that damages must be proven with reasonable certainty is far more important in the modern practice of law. The reasonable certainty rule originated in Roman law and came to the common law through the civil law of Western Europe, developing first in the United States and spreading from the United States to England. The rule of Hadley v. Baxendale developed much in the same way, and, contrary to popular …
The Commons, Capitalism, And The Constitution, George Skouras
The Commons, Capitalism, And The Constitution, George Skouras
George Skouras
Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.
At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson
At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson
Lisa Tripp
The Supreme Court’s 2011 decision in AT&T v. Concepcion is the first case where the Supreme Court explores the interplay between state law unconscionability doctrine and the vast preemptive power of the Federal Arbitration Act (FAA). Although it is considered by many to be a landmark decision which has the potential for greatly expanding the already impressive preemptive power of the FAA, something is amiss with Concepcion.
AT&T v. Concepcion is ostensibly a 5-4 majority decision with a concurring opinion. However, the differences in the majority and concurring opinions are so profound that it appears that Justice Thomas actually …