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Articles 1 - 18 of 18
Full-Text Articles in Law
The Meaning Of Value In Contract Damages And Contract Theory , David W. Barnes
The Meaning Of Value In Contract Damages And Contract Theory , David W. Barnes
American University Law Review
No abstract provided.
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Michigan Law Review
Antitrust law has largely succumbed to the hegemony of balancing. Courts applying the rule of reason are told to balance a restraint's procompetitive effects against its anticompetitive impact. Mergers once deemed anticompetitive solely because they facilitated the exercise of market power are now evaluated by weighing the anticompetitive effects of such increased power against any efficiencies created by the transaction. Finally, some activities once deemed per se illegal are now subject to a balancing approach, either by explicit application of the rule of reason, or by recognition of certain affirmative defenses to otherwise per se violations. Unlike many other balancing …
The Lost Volume Seller And Lost Profits Under U.C.C. § 2-708(2): A Conceptual And Linguistic Critique, John M. Breen
The Lost Volume Seller And Lost Profits Under U.C.C. § 2-708(2): A Conceptual And Linguistic Critique, John M. Breen
University of Miami Law Review
No abstract provided.
Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan
Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan
Federal Communications Law Journal
The Communications Act of 1934 requires, among other things, that telephone companies as "common carriers" make their services available to the general public at affordable rates. The Federal Communications Commission (FCC) has the authority to classify telephone services as common carriers as well as the ability to remove common carrier regulation to promote competition, satisfy consumer demand for individually tailored offerings, and avoid unnecessary regulatory costs. The Authors of this Article believe that the FCC should remove the common carrier regulation from certain long-distance service contracts and that such regulation is consistent with the deregulatory aims of the recent Telecommunications …
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
William & Mary Law Review
No abstract provided.
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
William & Mary Bill of Rights Journal
Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
William & Mary Bill of Rights Journal
Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …
Too Many Theories, Todd D. Rakoff
Too Many Theories, Todd D. Rakoff
Michigan Law Review
A Review of Michael J. Trebilcock, The Limits of Freedom of Contract
Franchising In The Shadow Of Contract Law: A New Fidelity For Business Relations, Richard Haigh
Franchising In The Shadow Of Contract Law: A New Fidelity For Business Relations, Richard Haigh
Dalhousie Law Journal
The institution of franchising has experienced a remarkable growth in North America in recent years. This has provoked a variety of legislative and judicial responses. This article examines the reasons behind the rise of franchising. It proceeds to examine the principal models of statutory regulation of franchise arrangements, and also the range of common law doctrines which courts have brought to bear on disputes arising out of such contracts. The author points out deficiencies in the existing models of franchise regulation and, drawing on legal responses to family disputes, proposes an alternative.
Allied-Bruce Terminix Companies V. Dobson: The Implementation Of The Purposes Of The Federal Arbitration Act Or An Unjustified Intrusion Into State Sovereignty?, Lauri Washington Sawyer
Allied-Bruce Terminix Companies V. Dobson: The Implementation Of The Purposes Of The Federal Arbitration Act Or An Unjustified Intrusion Into State Sovereignty?, Lauri Washington Sawyer
Mercer Law Review
In Allied-Bruce Terminix Companies v. Dobson, the United States Supreme Court held that section 2 of the Federal Arbitration Act ("FAA) was applicable to contract actions which were brought in state court. The controversy began with a house originally owned by Mr. and Mrs. Gwin in Fairhope, Alabama. In 1987, the Gwins purchased a lifetime termite protection plan from the local Allied-Bruce Terminix office, a franchise of Terminix International. The termite protection plan was to protect the house "'against the attack of subterranean termites,' to reinspect the house periodically, to provide any 'further treatment found necessary,' and to repair, …
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1995 In Review, Thomas F. Williamson, Stacey L. Valerio, Stephanie P. Gilson
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1995 In Review, Thomas F. Williamson, Stacey L. Valerio, Stephanie P. Gilson
American University Law Review
No abstract provided.
Gould, Inc. V. United States: Contractor Claims For Relief Under Illegal Contracts With The Government, Michael T. Janik, Margaret C. Rhodes
Gould, Inc. V. United States: Contractor Claims For Relief Under Illegal Contracts With The Government, Michael T. Janik, Margaret C. Rhodes
American University Law Review
No abstract provided.
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer
Seattle University Law Review
This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …
The Four Phases Of Promissory Estoppel, Eric Mills Holmes
The Four Phases Of Promissory Estoppel, Eric Mills Holmes
Seattle University Law Review
Case law accurately delineates the four evolutionary stages of promissory estoppel. As an overview, promissory estoppel has evolved in American case law in four developmental stages: (1) Estoppel Phase, consisting initially of “defensive equitable estoppel” to estop contract defenses based on statutes of limitations and the statute of frauds. In the second part of this first phase, courts have extended “estoppel” based on representations of facts to “promissory” representations and enforced the promissory basis of the representation, thereby creating an affirmative theory of relief. Thus, this first phase of promissory estoppel consists of defensive equitable estoppel and offensive equitable estoppel. …
Oil And Gas: Roye Realty & Developing V. Watson--An Answer To The Take-Or-Pay Royalty Issue In Oklahoma Or Simply More Confusion?, James Muenker
Oil And Gas: Roye Realty & Developing V. Watson--An Answer To The Take-Or-Pay Royalty Issue In Oklahoma Or Simply More Confusion?, James Muenker
Oklahoma Law Review
No abstract provided.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Oklahoma Law Review
No abstract provided.
The Interaction Of The Doctrine Of Reasonable Expectations And Ambiguity In Drafting: The Development Of The Kentucky Formulation, Amy D. Cubbage
The Interaction Of The Doctrine Of Reasonable Expectations And Ambiguity In Drafting: The Development Of The Kentucky Formulation, Amy D. Cubbage
Kentucky Law Journal
No abstract provided.