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5,454 full-text articles. Page 6 of 120.

Contract Law And The Common Good, Brian H. Bix 2018 College of William & Mary Law School

Contract Law And The Common Good, Brian H. Bix

William & Mary Business Law Review

In The Dignity of Commerce, Nathan Oman offers a theory of contract law that is largely descriptive, but also strongly normative. His theory presents contract law’s purpose as supporting robust markets. This Article compares and contrasts Oman’s argument about the proper understanding of contract law with one presented over eighty years earlier by Morris Cohen. Oman’s focus is on the connection between Contract Law and markets; Cohen’s connection had been between Contract Law and the public interest. Oman’s work brings back Cohen’s basic insight, and gives it a more concrete form, as a formidable ...


A Pragmatist’S View Of Promissory Law With A Focus On Consent And Reliance, Robert A. Hillman 2018 College of William & Mary Law School

A Pragmatist’S View Of Promissory Law With A Focus On Consent And Reliance, Robert A. Hillman

William & Mary Business Law Review

This Article discusses Professor Nate Oman’s excellent new book, The Dignity of Commerce, which makes an impressive case for how markets can produce “desirable” outcomes for society. In addition to a comprehensive account of what he calls “virtues” of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of useful and persuasive supporting information and discussions.

Oman is not only a fan of markets, but he asserts that markets are the “center” of contract theory, and provide its normative foundation. Elaborating, Oman concludes that “contract law exists primarily to support markets” and that ...


Markets And Morals: The Limits Of Doux Commerce, Mark L. Movsesian 2018 College of William & Mary Law School

Markets And Morals: The Limits Of Doux Commerce, Mark L. Movsesian

William & Mary Business Law Review

In this Essay on Professor Oman’s beautifully written and meticulously researched book, The Dignity of Commerce, I do three things. First, I describe what I take to be the central message of the book, namely, that markets promote liberal values of tolerance, pluralism, and cooperation among rival, even hostile groups. Second, I show how Oman’s argument draws from a line of political and economic thought that dates to the Enlightenment, the so-called doux commerce thesis of thinkers like Montesquieu and Adam Smith. Finally, I discuss what I consider the most penetrating criticism of that thesis, Edmund Burke’s ...


Contract, Promise, And The Right Of Redress, Andrew S. Gold 2018 College of William & Mary Law School

Contract, Promise, And The Right Of Redress, Andrew S. Gold

William & Mary Business Law Review

This Essay reviews Nathan Oman’s recent book, The Dignity of Commerce. The book is compelling, and it makes an important and original contribution to contract theory—a contribution that insightfully shows how markets matter. Yet, in the course of developing a market-centered justification for contract law, The Dignity of Commerce also downplays the significance of consent and promissory morality. In both cases, the book’s argument is problematic, but this Essay will address questions of promissory morality. Oman contends that promise-based accounts struggle with contract law’s bilateralism and with its private standing doctrine. Yet, promissory morality is a ...


Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu 2018 College of William & Mary Law School

Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu

William & Mary Business Law Review

In The Dignity of Commerce, Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the market theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and theory should account for values other ...


Carol Lynn Eden, As Trustee Caroll Ynn Eden, As Trustee Of The 2005 Schinazi Gst Grantor Trust Order Denying Respondents’ Motion To Compel Arbitration And Denying As Moot Petitioner’S Application To Stay Arbitration, Alice D. Bonner 2018 Fulton County Superior Court Judge

Carol Lynn Eden, As Trustee Caroll Ynn Eden, As Trustee Of The 2005 Schinazi Gst Grantor Trust Order Denying Respondents’ Motion To Compel Arbitration And Denying As Moot Petitioner’S Application To Stay Arbitration, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


The Scope Of Section 316(B) After Marblegate, Marcel Kahan 2018 New York University

The Scope Of Section 316(B) After Marblegate, Marcel Kahan

New York University Law and Economics Working Papers

Section 316(b) of the Trust Indenture Act provides that right of any to receive payment of the principal and interest may not be impaired or affected without the holder’s consent. This article analyzes the recent case law on whether corporate restructurings that impair the practical ability of bondholders to obtain payment on their bonds violate Section 316(b) of the Trust Indenture Act. After concluding that the Court of Appeals for the Second Circuit was correct in confining the scope of Section 316(b) to formal amendments to core payment terms, the article turns to an issue left ...


Contract, Promise, And The Right Of Redress, Andrew S. Gold 2018 Brooklyn Law School

Contract, Promise, And The Right Of Redress, Andrew S. Gold

Faculty Scholarship

No abstract provided.


A Pragmatist's View Of Promissory Law With A Focus On Consent And Reliance, Robert A. Hillman 2018 Cornell Law School

A Pragmatist's View Of Promissory Law With A Focus On Consent And Reliance, Robert A. Hillman

Cornell Law Faculty Publications

This article discusses Professor Nate Oman's excellent new book, "The Dignity of Commerce," which makes an impressive case for how markets can produce "desirable" outcomes for society. In addition to a comprehensive account of what he calls "virtues" of markets, such as their tendency to produce cooperation, trust, and wealth, the book is full of useful and persuasive supporting information and discussions.

Oman is not only a fan of markets, but he asserts that markets are the "center" of contract theory, and provide its normative foundation. Elaborating, Oman concludes that "contract law exists primarily to support markets" and that ...


The Architecture Of Contract Innovation, Matthew Jennejohn 2018 Brigham Young University Law School

The Architecture Of Contract Innovation, Matthew Jennejohn

Boston College Law Review

Contract law and the formal models of contract economics assume that agreements are fully customized. On the other hand, recent legal research highlights the role standardized terms play in contract design. Those lines of research overlook an important class of contracts between those extremes. Many contracts, such as the merger agreements studied here, are complex combinations of customized and standardized terms, and thereby achieve economies of both scale and scope. Such contracts are “mass customized,” to borrow a term from engineering research. This Article introduces a theoretical framework for understanding how mass customization of such complex agreements is achieved. It ...


Frances B. Bunzl Order Denying William C. Lankford's Motion To Dismiss Third Party, John J. Goger 2018 Fulton County Superior Court Judge

Frances B. Bunzl Order Denying William C. Lankford's Motion To Dismiss Third Party, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Omar Abdel-Aleem Et Al., Order On Third-Party Defendants' Motion To Dismiss The Third-Party Complaint, Melvin K. Westmoreland 2018 Fulton County Superior Court Judge

Omar Abdel-Aleem Et Al., Order On Third-Party Defendants' Motion To Dismiss The Third-Party Complaint, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Starwood Hotels & Resorts Worldwide, Llc Et Al., Order On Certain Pending Motions, Alice D. Bonner 2018 Fulton County Superior Court Judge

Starwood Hotels & Resorts Worldwide, Llc Et Al., Order On Certain Pending Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Bsl Holdings, Llc Et Al., Order Granting In Part And Denying In Part Defendants' Second Renewed Partial Motion To Dismiss, Elizabeth E. Long 2018 Fulton County Superior Court Judge

Bsl Holdings, Llc Et Al., Order Granting In Part And Denying In Part Defendants' Second Renewed Partial Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Boilerplate’S False Dichotomy, James Gibson 2018 University of Richmond

Boilerplate’S False Dichotomy, James Gibson

Law Faculty Publications

The argument against enforcing boilerplate contracts (contracts that no one reads) seems clear. Indeed, if this were a court case we would say that the jury is in; the evidence against boilerplate is overwhelming. Yet the judge has yet to render judgment. Courts continue to enforce boilerplate terms, and even those scholars who have exposed boilerplate as an emperor with no clothes are reluctant to gaze upon its nakedness and condemn its use.

This reluctance originates in an assumption that pervades the boilerplate debate—namely, that courts and commentators alike view boilerplate as necessary to the modern transaction. When asked ...


A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky 2018 Case Western University School of Law

A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky

Faculty Publications

This Article takes a different approach. It draws on the literature of these scholars but suggests that another way to understand the arrangements parties enter into in a variety of settings to purchase or sell goods or to innovate on a product or drug can best be understood in terms of a bargaining dynamic that looks at how the private interests of the parties are turned into joint interests in the agreement reached. It is a mistake to talk about the form of a contract without first understanding the bargaining needs and positions of the parties and how those needs ...


Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick 2018 Mitchell Hamline School of Law

Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick

Mitchell Hamline Law Review

No abstract provided.


Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence 2018 Arizona Summit Law School

Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence

Roger Williams University Law Review

No abstract provided.


Venezuela Public Health Issue, Luke Vargas 2018 Augustana College, Rock Island Illinois

Venezuela Public Health Issue, Luke Vargas

Global Public Health

While every country around the world faces a form of public health issues, the issues that the country of Venezuela faces are different. Their public health problem is not a disease that can be solved by science, or a cure. It’s a problem that can only be solved by the people within the county itself. The country of Venezuela now lacks the proper medical supplies needed to help cure diseases and normal vaccinations, and the only ones to blame is their government. Because their government has now refused to pay their debts to the surrounding countries they have now ...


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