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Articles 31 - 60 of 78
Full-Text Articles in Law
El Objeto Del Negocio Jurídico En Una Reciente Sentencia En Casación: Notas Sobre Un Confuso Concepto., Fort Ninamancco Córdova
El Objeto Del Negocio Jurídico En Una Reciente Sentencia En Casación: Notas Sobre Un Confuso Concepto., Fort Ninamancco Córdova
Fort Ninamancco Cordova
No abstract provided.
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Deepa Varadarajan
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
Legal Entities As Transferable Bundles Of Contracts, Kenneth Ayotte, Henry Hansmann
Legal Entities As Transferable Bundles Of Contracts, Kenneth Ayotte, Henry Hansmann
Kenneth Ayotte
The large, modern business corporation is frequently organized as a complex cluster of hundreds of corporate subsidiaries under the common control of a single corporate parent. Our Article provides new theory and supportive evidence to help explain this structure. We focus, in particular on the advantages of subsidiary entities in providing the option to transfer some or all of the firm's contractual rights and obligations in the future. The theory not only sheds light on corporate subsidiaries but also illuminates a basic function of all types of legal entities, from partnerships to nonprofit corporations. We show that when, as is …
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout
Killing Conscience: The Unintended Behavioral Consequences Of "Pay For Performance", Lynn A. Stout
Lynn A. Stout
Contemporary lawmakers and reformers often argue that ex ante incentive contracts providing for large material rewards are the best and possibly only way to motivate corporate executives and other employees to serve their firms' interests. This Article offers a critique of the "pay for performance" approach. In particular, it explores why, for a variety of mutually reinforcing reasons, workplaces that rely on ex ante incentive contracts suppress unselfish prosocial behavior (conscience) and promote selfishness and opportunism. The end result may not be more efficient, but more uncooperative, unethical, and illegal employee behavior.
A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad
A Psychological Investigation Of Consumer Vulnerability To Fraud: Legal And Policy Implication, 35 Law & Psychol. Rev. 61 (2011), Jessica M. Choplin, Debra Pogrund Stark, Jasmine N. Ahmad
Debra Pogrund Stark
No abstract provided.
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark
Debra Pogrund Stark
No abstract provided.
A License To Deceive: Enforcing Contractual Myths Despite Consumer Psychological Realities, 5 N.Y.U. J. L. & Bus. 617 (2009), Debra Pogrund Stark, Jessica M. Choplin
A License To Deceive: Enforcing Contractual Myths Despite Consumer Psychological Realities, 5 N.Y.U. J. L. & Bus. 617 (2009), Debra Pogrund Stark, Jessica M. Choplin
Debra Pogrund Stark
No abstract provided.
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin
Consumer Protection Initiatives In The Eu Mortgage Market: A Behavioral Economics Based Critique And Proposal, 25 Temp. Int'l & Comp. L.J. 1 (2011), Debra Pogrund Stark, Jessica M. Choplin
Debra Pogrund Stark
No abstract provided.
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
Debra Pogrund Stark
While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …
The (Pre) (As) Sumed "Consent" Of Commercial Binding Arbitration Contracts: An Empirical Study Of Attitudes And Expectations Of Transactional Lawyers, 36 J. Marshall L. Rev. 589 (2003), Celeste M. Hammond
Celeste M. Hammond
No abstract provided.
The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini
Celeste M. Hammond
No abstract provided.
Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken
Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Contrato, Operación Económica Y Equilibrio Contractual, Carlos Tamani
Contrato, Operación Económica Y Equilibrio Contractual, Carlos Tamani
Carlos Tamani
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross
Karen Halverson Cross
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Karen Halverson Cross
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Wendy Netter Epstein
The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …
The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones
The Moral Plausibility Of Contract: Using The Covenant Of Good Faith To Prevent Resident Physician Fatigue-Related Medical Errors, 48 U. Louisville L. Rev. 265 (2009), Samuel Vincent Jones
Samuel V. Jones
No abstract provided.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
Julie M. Spanbauer
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Julie M. Spanbauer
The Supreme Court of Montana's, three-page opinion in Carroll v. Beardon is a treasure for those who teach first-year law students. Its deceptive simplicity is a lesson in close reading. It provides scholars and teachers endless opportunities to explore the cultural context within which courts operate and construct case narratives. Its humorous tone additionally belies a serious failure by the court to provide a fair and impartial resolution of the parties' dispute and to create useful precedent for future courts and litigants. The decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and …
La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado
La Tutela De Los Acreedores Frente A La Escisión Societaria, Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado
No abstract provided.
2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi
2 + 2 = 5 El Error De Cálculo Y Error De Cantidad En El Negocio Jurídico, Marco Andrei Torres Maldonado, Enrique Varsi Rospigliosi
Marco Andrei Torres Maldonado
No abstract provided.
La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova
La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova
Fort Ninamancco Cordova
No abstract provided.
The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg
The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
The Disgorgement Interest In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …
The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg
The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French
Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French
Christopher C. French
Visualization: Seeing Contracts For What They Are, And What They Could Become, Thomas Barton, Gerlinde Berger-Walliser, Helena Haapio
Visualization: Seeing Contracts For What They Are, And What They Could Become, Thomas Barton, Gerlinde Berger-Walliser, Helena Haapio
Thomas D. Barton
Commercial contract users read their contract documents infrequently, and understand them inadequately. The disincentives may be several: contract language may be too technical and too long; contracts may be organized around ensuring or avoiding legal liability rather than providing guidance toward performing contractual responsibilities; or contracts may rarely include frameworks that would prompt the parties to explore new opportunities. For whatever reason, the neglect by users of contractual documents can lead not only to unpleasant surprises in the performance or enforcement of particular contractual duties, but also to chronic underuse of contracts as potential instruments for planning, innovation, commercial relationship-building …
Chapter 1: Contracts, Thomas J. Barton, Jeffrey C. Hadden, Elizabeth M. Leonard
Chapter 1: Contracts, Thomas J. Barton, Jeffrey C. Hadden, Elizabeth M. Leonard
Thomas D. Barton
No abstract provided.
Innovating Contract Practices: Merging Contract Design With Information Design, Stefania Passera, Helena Haapio, Thomas D. Barton
Innovating Contract Practices: Merging Contract Design With Information Design, Stefania Passera, Helena Haapio, Thomas D. Barton
Thomas D. Barton
The work and expertise of contracts professionals are vital to the operations of modern organizations and the global economy. Strategic planning as well as everyday transactions can be conceived, developed, secured, and implemented through contractual relationships. This accelerating importance and functionality of contracts is not matched, however, by their traditional format or drafting process. Indeed, their mission-critical value is not fully appreciated by decision makers. Many opportunities offered by contracts remain unexplored if contracts are seen merely as legal tools needed only in case a dispute arises. A fresh approach to contracts and contracting is called for. Drawing on the …
Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin
Emily L Sherwin
We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use in consumer contracts with their use in the same firms' nonconsumer contracts. Over three-quarters of the consumer agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts included arbitration clauses. The absence of arbitration provisions in nearly all material contracts suggests that, ex ante, many firms value, even prefer, litigation over arbitration to resolve disputes with peers. …