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Full-Text Articles in Law

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman Jan 1992

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman

Journal Articles

The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of ...


Rings And Promises, Margaret F. Brinig Jan 1990

Rings And Promises, Margaret F. Brinig

Journal Articles

No abstract provided.


American Contract Law At The Turn Of The Century, Walter Pratt Jan 1988

American Contract Law At The Turn Of The Century, Walter Pratt

Journal Articles

Today, courts are finding agreements to be a contract that historically would have been found to be unenforceable. During the past century, when America became a modern urban society, contract law has underwent a major transformation. Economic expansion led to a new contracting practice of reduced specificity in the terms of the agreements. The judges recognized that the doctrines of the past were no longer adequate for the new commercial world, and modified the court doctrines to embrace this greater uncertainty in terms. This Article looks to the emergence of the doctrine of ‘good faith’ as the key to understanding ...


"Contort": Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts - Its Existence And Desirability, Matthew J. Barrett Jan 1985

"Contort": Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts - Its Existence And Desirability, Matthew J. Barrett

Journal Articles

Every contract contains an implied covenant of good faith and fair dealing which prohibits any contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant creates a cause of action in contract. Beginning twenty-five years ago, some courts also recognized a cause of action in tort for breach of this implied covenant in insurance contracts.

In recent years, the California courts, the leaders in the development of “‘contort,”’ have repeatedly faced the issue whether courts should expand its application beyond the insurance context. Resolution of the issue is important because ...


Afterword: Contracts And Uncertainty, Walter F. Pratt Jan 1983

Afterword: Contracts And Uncertainty, Walter F. Pratt

Journal Articles

No abstract provided.


Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden Jan 1947

Co-Operative Marketing--Statutes Providing Penalty Against Third Persons Who Induce Breach Of Marketing Contracts, Thomas F. Broden

Journal Articles

No abstract provided.