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Articles 1 - 14 of 14

Full-Text Articles in Law

Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson Jan 2018

Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.


Mind The Gap, Charles H. Ii Brower Jan 2016

Mind The Gap, Charles H. Ii Brower

Law Faculty Research Publications

No abstract provided.


The Moral Hazard Of Contract Drafting, Eric A. Zacks Jul 2015

The Moral Hazard Of Contract Drafting, Eric A. Zacks

Law Faculty Research Publications

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 ...


Contract Review: Cognitive Bias, Moral Hazard, And Situational Pressure, Eric A. Zacks Jan 2015

Contract Review: Cognitive Bias, Moral Hazard, And Situational Pressure, Eric A. Zacks

Law Faculty Research Publications

This Article explores the contract drafting and review process of attorneys from a cognitive and social science perspective. Based on an understanding of the behavioral tendencies of individual attorneys as impacted by cognitive bias, moral hazard, and situational pressure, the drafting attorney may be able to secure particular transactional advantages for her client. For example, the anchoring effect, which suggests that individuals are affected by the presence by an initial value position, may explain why drafters should and do include extreme positions in their initial draft. Similarly, time pressure may affect an attorney's review of a contract, which a ...


Contractualizing Custody, Sarah Abramowicz Jan 2014

Contractualizing Custody, Sarah Abramowicz

Law Faculty Research Publications

Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in ...


Beyond Family Law, Sarah Abramowicz Jan 2012

Beyond Family Law, Sarah Abramowicz

Law Faculty Research Publications

Family law has traditionally been treated as an exceptional field, a marginalized and special case in which the usual rules of the legal canon do not apply. This Article argues that the current challenge to family-law exceptionalism has been largely one way, to the detriment of a central concern of family law: the protection of children and of the parent-child relationship. Family-law scholars have focused primarily on whether and how to import the tools and insights of other areas of law into the zone of family relations, while largely overlooking the possibility that the tools and insights of family law ...


Contracting Blame, Eric A. Zacks Jan 2012

Contracting Blame, Eric A. Zacks

Law Faculty Research Publications

No abstract provided.


Unstacking The Deck - Contract Manipulation And Credit Card Accountability, Eric A. Zacks Jan 2010

Unstacking The Deck - Contract Manipulation And Credit Card Accountability, Eric A. Zacks

Law Faculty Research Publications

No abstract provided.


One Step Outside The Country, One Step Back From Patent Infringement, Katherine E. White Jan 2007

One Step Outside The Country, One Step Back From Patent Infringement, Katherine E. White

Law Faculty Research Publications

No abstract provided.


Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White Jan 2006

Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White

Law Faculty Research Publications

No abstract provided.


Losing Rights To Intellectual Property: The Perils Of Contracting With The Federal Government, Katherine White Jan 2005

Losing Rights To Intellectual Property: The Perils Of Contracting With The Federal Government, Katherine White

Law Faculty Research Publications

No abstract provided.


Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick Jan 1984

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.


The Contracts Provisions Of The Restatement (Second): An Analysis And A Critique, Robert Allen Sedler Jan 1972

The Contracts Provisions Of The Restatement (Second): An Analysis And A Critique, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Rights Of Defrauded Quiz Show Contestants, Robert A. Sedler Jan 1960

Rights Of Defrauded Quiz Show Contestants, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.