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Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower
San Diego Law Review
The decision4 to acknowledge one's sexual orientation-to "come out'5 in common parlance-exposes gay people to a variety of responses from acceptance, to ridicule,6 to loss of contracts or other means to earn a living, to termination of employment or other benefits.8 Nevertheless, it is an essential step toward lesbian and gay persons' full and equal participation in American society. Legal rules can help or hinder this process; current doctrine, unfortunately, does both.
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Reference To Promissory Estoppel), Sidney W. Delong
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Reference To Promissory Estoppel), Sidney W. Delong
San Diego Law Review
Most academic criticism has concentrated on neoformalist rules about the content of contractual obligation in the application of such doctrines as the parol evidence rule, the obligation of good faith, and the effects of trade usage. This Article examines the phenomenon as it arises in the creation of contract obligation, an area in which the virtues of formalism are arguably more important.' The developing law of promissory estoppel does indeed appear to display a trend away from reliance protection in the commercial world.' Many of these decisions may fairly be characterized as "formalist" insofar as they privilege textual forms (written …