Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (37)
- University of Michigan Law School (21)
- SelectedWorks (16)
- Selected Works (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
-
- Duke Law (4)
- Singapore Management University (4)
- University of Washington School of Law (4)
- Boston University School of Law (3)
- Case Western Reserve University School of Law (3)
- Cornell University Law School (3)
- Mitchell Hamline School of Law (3)
- Texas A&M University School of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- Vanderbilt University Law School (3)
- American University Washington College of Law (2)
- Cleveland State University (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- St. Mary's University (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- University of New Hampshire (2)
- Villanova University Charles Widger School of Law (2)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Department of Primary Industries and Regional Development, Western Australia (1)
- Keyword
-
- Contracts (61)
- Law and Economics (25)
- Commercial Law (20)
- Economics (19)
- Contract (14)
-
- Boilerplate: Foundations of Market Contracts Symposium (13)
- Corporations (12)
- Law and Society (12)
- Consumer Protection Law (11)
- General Law (10)
- International Law (9)
- Comparative and Foreign Law (8)
- Torts (8)
- Computer Law (7)
- Dispute Resolution (7)
- International Trade (7)
- Remedies (7)
- Securities Law (7)
- Banking and Finance (6)
- Intellectual Property Law (6)
- Law and Technology (6)
- Politics (6)
- Public Law and Legal Theory (6)
- Arbitration (5)
- Constitutional Law (5)
- Consumers (5)
- Contract law (5)
- Courts (5)
- Government Contracts (5)
- Jurisdiction (5)
- Publication
-
- ExpressO (37)
- Faculty Scholarship (20)
- Michigan Law Review (16)
- Articles (7)
- All Faculty Scholarship (5)
-
- Faculty Publications (5)
- Nevada Supreme Court Summaries (4)
- Research Collection Yong Pung How School Of Law (4)
- Scholarly Works (4)
- Adam Epstein (3)
- Cornell Law Faculty Publications (3)
- Martin Paolantonio (3)
- Yehuda Adar Dr. (3)
- Bruno L. Costantini García (2)
- Cleveland State Law Review (2)
- Faculty Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Scholarship (2)
- Rómulo Morales Hervias (2)
- UIC Law Review (2)
- University of Richmond Law Review (2)
- Working Paper Series (2)
- American University Law Review (1)
- Andrés Palacios Lleras (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Books (1)
- Dr. A.V Narsimha Rao (1)
- Faculty Articles and Other Publications (1)
- Faculty Law Review Articles (1)
- Publication Type
Articles 151 - 172 of 172
Full-Text Articles in Law
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2005 Uniform Commercial Code Survey: Sales
To Err Is Human, Keith A. Rowley
To Err Is Human, Keith A. Rowley
Scholarly Works
This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the principal subject of Allan Farnsworth's previous foray into the realm of contractual angst: Changing Your Mind: The Law of Regretted Decisions (Yale U. Press 1998). Another kind - the subject of this book - is a mistake caused by an inaccurate, incomplete, or incompetent mental state at the time of an act or decision that results in …
The Strategy Of Boilerplate, Robert B. Ahdieh
The Strategy Of Boilerplate, Robert B. Ahdieh
Michigan Law Review
That boilerplate is pervasive is hardly surprising. In a variety of ways, standardized terms in day-to-day contracts serve an essential cost-saving function. By this measure, one might expect less frequent reliance on boilerplate in high-value contracts among sophisticated parties. Yet standard terms would appear to be no less widespread in contracts among the sophisticated. Notwithstanding their representation by able counsel, charged to craft comprehensive and detailed, but also particularized, contracts, such parties will commonly conclude agreements comprised heavily of traditional terms--contracting norms of a sort-rather than terms tailored to the distinct features of their particular bargain. Examples of seemingly suboptimal …
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Boilerplate Today: The Rise Of Modularity And The Waning Of Consent, Margaret Jane Radin
Michigan Law Review
Thanks to the vision of Omri Ben-Shahar and the excellence of the scholars contributing to this symposium, students of the law of commercial exchange transactions will now understand how important and interesting, and indeed exciting, boilerplate really is. The various presentations are so rich that my assigned task of commentary cannot approach an adequate summation. Instead of attempting such a task, therefore, I will take up a slightly different one. My commentary will relate some of the ideas presented in the symposium to two themes that I think are significant for the groundwork of contract today: the growing modularity of …
Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky
Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky
Faculty Publications
Article 2 of the UCC directed courts to look to business norms as a primary means of interpreting contracts. Recently the new formalists have attacked this strategy of norm incorporation as a misguided one that will lead inevitably to significant error costs. Accordingly, they have embraced plain meaning as the preferred interpretive strategy. This article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic …
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Penalty Defaults In Family Law: The Case Of Child Custody, Margaret F. Brinig
Journal Articles
This paper considers whether an amendment to state divorce laws that strengthens its joint custody preference operates as a traditional default rule, specifying what most divorcing couples would choose or as a penalty default rule the parties will attempt to contract around.
While the Oregon statutes that frame our discussion here, like most state laws, do not state an explicit preference for joint custody, shared custody is certainly encouraged by Section 107.179, which refers cases in which the parties cannot agree on joint custody to mediation and by Section 107.105, which requires the court to consider awarding custody jointly. In …
Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee
Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee
Research Collection Yong Pung How School Of Law
The issue of contract formation arose in the unusual context of civil procedure in Wellmix Organics (International) Pte Ltd v Lau Yu Man [2006] 2 SLR 117 (see also para 10.60 on “Mistake”). The plaintiff in this case unsuccessfully sought to enforce a consent unless order against the defendant. Andrew Phang Boon Leong J (as he then was) emphasised that, keeping in view its very drastic consequence of depriving a party of his cause of action, such an order will only be established where the terms of the agreement are clear and unambiguous. It was clear on the facts that …
The Law And Sociology Of Boilerplate, Todd D. Rakoff
The Law And Sociology Of Boilerplate, Todd D. Rakoff
Michigan Law Review
In my view, the scholarship presented at this symposium demonstrates that, in order to analyze form contracts and boilerplate successfully, one must carry out a set of operations that embodies an approach I will call law and sociology. But I presume I was invited to be a commentator at this conference on boilerplate not because the article I wrote on one branch of the subject awhile back exemplified this methodological approach, but because it took a rather strong substantive position. And so I think I ought first to say a brief word about that. The article in question concerned contracts …
What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules, Tamar Frankel
What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules, Tamar Frankel
Faculty Scholarship
This Essay addresses corporate law's Default Rules, which allow corporations to waive their directors' liability for damages for breach of their fiduciary duty of care. Most large corporations have adopted such a waiver. This Essay distinguishes Private Contracts from Public Contracts. Public Contracts include legislation, referendums, and votes on specific outcomes, such as union members' votes on the contracts that their representatives agreed upon with management. This Essay shows that the courts view corporations and corporate articles as Public Contracts. In some Public Contracts gap-filling rules limit the scope of the Public Contracts to the information that the voters received …
An Essay On The Challenges Of Drafting A Uniform Law Of Software Contracting, Maureen A. O'Rourke
An Essay On The Challenges Of Drafting A Uniform Law Of Software Contracting, Maureen A. O'Rourke
Faculty Scholarship
This Essay, originally presented at Lewis & Clark Law School’s 2006 Distinguished Intellectual Property Visitor lecture, discusses the challenges involved in developing a uniform law of software contracting. Technology and the law have developed since 1995, when the first efforts to codify such a law began. These earlier efforts were largely unsuccessful, and substantial uncertainty still exists in transactions involving software. In this Essay, Dean O’Rourke discusses the American Law Institute’s Principles project that seeks to identify approaches courts could use in adjudicating disputes involving software agreements. The challenges of developing the Principles include the same theoretical, practical and political …
Appellate Review Of A "Strong Basis In Evidence" In Public Contracting Cases, Nicki Herbert
Appellate Review Of A "Strong Basis In Evidence" In Public Contracting Cases, Nicki Herbert
University of Colorado Law Review
In the context of state and local affirmative action programs in public contracting, federal circuit courts have split on the appropriate standard of appellate review of a district court's finding of a "strong basis in evidence, " a finding necessary to uphold the constitutionality of such programs. Using as a backdrop the premise that Rule 52(a) establishes a critical procedural requirement to which federal circuit courts should consistently adhere, the author discusses the history of the "strong basis in evidence" standard, appellate review in the federal court system generally, and the analysis used by federal appellate courts to resolve the …
Fiduciary Duties And Unincorporated Business Entities: In Defense Of The "Manifestly Unreasonable" Standard, Mark J. Loewenstein
Fiduciary Duties And Unincorporated Business Entities: In Defense Of The "Manifestly Unreasonable" Standard, Mark J. Loewenstein
Publications
This article wades into the debate between contractarians and anti-contractarians over the extent to which statutes on unincorporated business entities should limit the ability of the participants in those entities to contract around fiduciary duties. Statutes enacted in the past several years provide considerable, but not complete, freedom to limit fiduciary duties. Contractarians argue that statutory limitations are inefficient and unnecessary, while anti-contractarians take the view that the statutes provide too much freedom of contract. This article stakes out a middle ground, arguing that the drafters of the statutes got it right and that in the absence of statutory limitations …
A Social Dimension In European Private Law The Call For Setting A Progressive Agenda, Fernanda Nicola
A Social Dimension In European Private Law The Call For Setting A Progressive Agenda, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
I. The Europeanization of Private Law: Legal Sources, Ideology and Process: 1. Legal Sources in European Private Law. 2. Technocracy at work: What is the Common Frame of Reference? 3. The Ideological Divide: Neo-liberalism versus Social Justice in European Contract law. 4. The Social Justice Manifesto and the Legitimacy of the Process. 5. The Scholarly Industry and its Dark Sides. II. Social contract law and Social Europe, part of the problem or part of the solution?: 1. The "Social" Critique of Formalism in Contract Law and its historical inadequacy. 2. The Critique of the Social and its erasure in the …
Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand
Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand
Articles
No abstract provided.
Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover
Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.
New Rules For Promissory Fraud, Gregory Klass, Ian Ayres
New Rules For Promissory Fraud, Gregory Klass, Ian Ayres
Georgetown Law Faculty Publications and Other Works
This article summarizes the authors’ recommended reforms to the law of promissory fraud. These recommendations are presented as a Draft Prestatement of the Law of Insincere Promising. The basic propositions of the Prestatement are taken, with some modification, from the authors’ book, Insincere Promises: The Law of Misrepresented Intent (2005). This article adds extensive comments, in the style of the Restatements, and a prose introduction identifying three reforms we deem most important. First, courts should drop their insistence that every promise represents an intent to perform, and treat that representation instead as a default. Second, courts faced with claims of …
The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon
The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon
Scott T. FitzGibbon
This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …
Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein
Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein
Adam Epstein
Discussion of the case involving swimmer Joscelin Yeo and the troubles she faced involving NCAA rules when trying to transfer from UC-Berkeley to UT-Austin between 2000-2001. The decision went to the Texas Supreme Court ruling against her and in support of NCAA transfer rules.
Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev
Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev
Yehuda Adar Dr.
-This article is in Hebrew-
The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …
Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein
Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein
Adam Epstein
Book Review of Walter T. Champion's 2005 textbook.
The Adea And Sports Law, Adam Epstein
The Adea And Sports Law, Adam Epstein
Adam Epstein
The purpose of this article is to provide insight into age issues in sports law and its relationship to the Age Discrimination in Employment Act of 1967 (ADEA), a federal law. There are a few published decisions involving the ADEA in the sports setting. However, there are some cases involving claims by coaches, support staff and administrators who allege they were terminated unlawfully based upon age discrimination. Part I presents a comprehensive overview of the ADEA including defenses to a claim of age discrimination. Part II offers relevant cases with regard to the ADEA and its evolution including the few …
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii