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Articles 1 - 30 of 37
Full-Text Articles in Law
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman
American University International Law Review
Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers
American University Law Review
No abstract provided.
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano
American University Law Review
No abstract provided.
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
American University Business Law Review
This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs, and …
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor
American University Law Review
No abstract provided.
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham
American University Law Review
No abstract provided.
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz
American University Law Review
No abstract provided.
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky
American University Law Review
No abstract provided.
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar
American University Business Law Review
No abstract provided.
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush
American University Law Review
No abstract provided.
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson
American University Law Review
No abstract provided.
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin
American University Law Review
No abstract provided.
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
American University Law Review
No abstract provided.
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
American University Law Review
No abstract provided.
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
American University Law Review
No abstract provided.
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
American University Law Review
It sold for $15 million, and the IRS treated it as worthless. Avery Fisher, a titan of industry and a lover of classical music, made a generous contribution to renovate a charity's building, and in exchange the charity agreed to name the building after Fisher in perpetuity. Forty years later, the Fisher family sold the naming rights back to the charity for $15 million in cash. The IRS treats these publicity rights as worthless when charities grant them, and this generates substantial tax benefits for the donor and the donor's family. In contrast, the common law can treat these publicity …
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
American University Business Law Review
No abstract provided.
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
American University Law Review
No abstract provided.
The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat
The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat
American University Law Review
No abstract provided.
To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney
To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney
American University Business Law Review
No abstract provided.
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers
The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers
American University Law Review
No abstract provided.
Website Design As Contract, Woodrow Hartzog
Website Design As Contract, Woodrow Hartzog
American University Law Review
No abstract provided.
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
American University Law Review
No abstract provided.
Improving The Rolling Contract, Stephen E. Friedman
Improving The Rolling Contract, Stephen E. Friedman
American University Law Review
This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush
American University Journal of Gender, Social Policy & the Law
No abstract provided.