Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Common law (2)
- American Pipe (1)
- Civil procedure (1)
- Class actions (1)
- Close corporation stock valuation (1)
-
- Close corporations law (1)
- Constructive in rem jurisdiction (1)
- Contract (1)
- Contract law (1)
- Contracts (1)
- Cultural Internationalism (1)
- Cultural Nationalism (1)
- Cultural property law (1)
- Default rule project (1)
- Employment law (1)
- Estate Tax (1)
- Fair Market Value Determinations (1)
- Fair and equitable resolution (1)
- Fair market value (1)
- Fair value versus market value (1)
- Historic Preservation of Cultural Property (1)
- In rem jurisdiction (1)
- Independent contractor (1)
- International Treasure Salvage (1)
- International waters (1)
- Lack of marketability (1)
- Law of Finds (1)
- Law of Salvage (1)
- Law reports digests etc (1)
- Lawyers (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper
A More Fundamental Distinction For The Contemporary Economy Between Employee And Independent Contractor Status, Michael C. Harper
Faculty Scholarship
The common law remains an intellectual battle ground in Anglo-American legal systems, even in the current age of statutes. This is true in significant part because the common law provides legitimacy for arguments actually based on policy, ideology, and interest. It also is true because of the common law's malleability and related susceptibility to significantly varied interpretations.
Mere contention over the meaning of the common law to provide legitimacy for modern statutes is most often not productive of sensible policy, however. It generally produces no more than reified doctrine unsuited for problems the common law was not framed to solve. …
Cases And Case-Lawyers, Richard A. Danner
Cases And Case-Lawyers, Richard A. Danner
Faculty Scholarship
In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …
The Common Law Of Contract And The Default Rule Project, Alan Schwartz, Robert E. Scott
The Common Law Of Contract And The Default Rule Project, Alan Schwartz, Robert E. Scott
Faculty Scholarship
The common law developed over centuries a small set of default rules that courts have used to fill gaps in otherwise incomplete contracts between commercial parties. These rules can be applied almost independently of context: the market damages rule, for example, requires a court only to know the difference between market and contract prices. When parties in various sectors of the economy write sales contracts but leave terms blank, courts fill in the blanks with their own rules. As a consequence, a judicial rule that many parties accept must be "transcontextual": parties in varied commercial contexts accept the courts' rule …
Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce
Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce
Faculty Scholarship
Class action tolling means that when parties in a suit allege federal treatment, the individual claims of putative class members are tolled federal courts while the class action is pending. Commonly referred to as American Pipe tolling, this rule prevents duplicative litigation that would result if plaintiffs were required to intervene or file independent lawsuits to protect their interests while the class action was pending. Federal courts have long settled the application of American Pipe tolling in scenarios involving later-filed individual actions. In other scenarios, however, the application of American Pipe tolling has caused considerable uncertainty. This Article examines the …