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Articles 1 - 18 of 18
Full-Text Articles in Law
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
The Best And Worst Of Contracts Decisions: An Anthology, Rachel Arnow-Richman, Daniel D. Banhizer, Scott J. Burnham, Et Al.
Florida State University Law Review
The common law of contract is an intellectual and political triumph. In its mature form, it enables judges whose ideological goals may differ to apply doctrines that provide the right to make enforceable promises; with legislation, the common law also provides proper limits on that right. Lately, scholars have produced a flood of contract law theory that enriches our thinking about and grounding for contract law norms. But the real work of common law development has always occurred in the trenches-in judicial decisions. In those trenches and on the framework built there, some decisions matter far more than others, and …
Contract Law's Predominant-Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman
Contract Law's Predominant-Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman
Florida State University Law Review
No abstract provided.
Major League Soccer As A Case Study In Complexity Theory, Steven A. Bank
Major League Soccer As A Case Study In Complexity Theory, Steven A. Bank
Florida State University Law Review
Major League Soccer has long been criticized for its “Byzantine” roster rules and regulations, rivaled only by the Internal Revenue Code in its complexity. Is this criticism fair? By delving into complexity theory and the unique nature of the league, this Article argues that the traditional complaints may not apply in the context of the league’s roster rules. Effectively, critics are applying the standard used to evaluate the legal complexity found in rules such as statutes and regulations when the standard used to evaluate contractual complexity is more appropriate. Major League Soccer’s system of roster rules is the product of …
Saying Yes: Reviewing Board Decisions To Sell Or Merge The Corporation, Franklin A. Gevurtz
Saying Yes: Reviewing Board Decisions To Sell Or Merge The Corporation, Franklin A. Gevurtz
Florida State University Law Review
No abstract provided.
Embracing Third-Party Litigation Finance, David R. Glickman
Embracing Third-Party Litigation Finance, David R. Glickman
Florida State University Law Review
No abstract provided.
Distributive Justice And Contract Law: A Hohfeldian Analysis, Marco Jimenez
Distributive Justice And Contract Law: A Hohfeldian Analysis, Marco Jimenez
Florida State University Law Review
According to Aristotle, justice consists of giving each person his due: equal members of society should be treated equally, and unequal members, unequally. This justice, in turn, comes in two flavors: distributive and corrective. Distributive justice—which has as its purview society at large—is concerned with distributing society's shares to individuals according to merit. Whereas, the purview of corrective justice concerns voluntary (e.g., contracts) and involuntary (e.g., torts) transactions, and it seeks to rectify unjust alterations in the distributive scheme by returning the parties to the position they occupied before the distributive scheme was altered, which is to say, before a …
Privity's Shadow: Exculpatory Terms In Extended Forms Of Private Ordering, Mark P. Gergen
Privity's Shadow: Exculpatory Terms In Extended Forms Of Private Ordering, Mark P. Gergen
Florida State University Law Review
No abstract provided.
The Moral Hazard Of Contract Drafting, Eric A. Zacks
The Moral Hazard Of Contract Drafting, Eric A. Zacks
Florida State University Law Review
This Article identifies and examines the principal-agent problem as it arises in the context of contract preparation. The economic agency relationship, as it may be understood to exist for contract drafting, provides a superior framework for understanding and reforming the inability of the non-drafting party (the principal) to control the drafting party (the agent). As an economic agent, the drafting party faces a moral hazard when preparing the contract because of the differing interests of the parties as well as the information and control asymmetries that exists. For example, the use of standard form contracts in consumer transactions is an …
Law And Economic Exploitation In An Anti-Classification Age, Hila Keren
Law And Economic Exploitation In An Anti-Classification Age, Hila Keren
Florida State University Law Review
Does our legal system permit the economic exploitation of extreme vulnerability? Focusing on predatory housing loans—a thriving business at the dawn of the twenty-first century—this Article argues that the answer in most cases is yes. Under an individualistic neoliberal paradigm, borrowers are held liable for their contracts, even if they were targeted with predatory practices. Further, borrowers’ attempts to resort to antidiscrimination law, and frame their exploitation as “reverse redlining,” have offered no real answer. An important yet undertheorized explanation for this problem is the impact of the Supreme Court’s anti-classification jurisprudence on lower courts. In an anti-classification age, even …
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Florida State University Law Review
No abstract provided.
"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Aspects Of The Uncitral Regimes For Procurement And For International Commercial Arbitration, And Government International Commercial Contracts In The Commonwealth Caribbean, Hugh A. Rawlins
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Florida State University Law Review
No abstract provided.
Champagne-Webber, Inc. V. City Of Fort Lauderdale, 519 So. 2d 696 (Fla. 4th Dca 1988), Enrico G. Gonzalez
Champagne-Webber, Inc. V. City Of Fort Lauderdale, 519 So. 2d 696 (Fla. 4th Dca 1988), Enrico G. Gonzalez
Florida State University Law Review
Contract Law/Sovereign Immunity-THE DEMISE OF SOVEREIGN IMMUNITY IN THE CONTRACTUAL BATTLE AGAINST STATE AGENCIES
Rosenberg V. Levin, 7 Fla. L. W. 6 (1982), Craig B. Glidden
Rosenberg V. Levin, 7 Fla. L. W. 6 (1982), Craig B. Glidden
Florida State University Law Review
Contracts-ATTORNEY FEES-RIGHT TO RECOVERY UPON DISCHARGE WITHOUT CAUSE
Noncompete Agreements By The Former Employee: A Florida Law Survey And Analysis, Kendall B. Coffey
Noncompete Agreements By The Former Employee: A Florida Law Survey And Analysis, Kendall B. Coffey
Florida State University Law Review
No abstract provided.
State V. Edward M. Chadbourne, Inc., 382 So. 2d 293 (Fla. 1980), Roberta J. Karp
State V. Edward M. Chadbourne, Inc., 382 So. 2d 293 (Fla. 1980), Roberta J. Karp
Florida State University Law Review
Constitutional Law-IMPAIRMENT OF CONTRACT-RETROACTIVE APPLICATION OF STATUTE IS AN UNCONSTITUTIONAL IMPAIRMENT OF A ROAD CONSTRUCTION CONTRACT