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Articles 1 - 29 of 29
Full-Text Articles in Law
Inertia And Preference In Contract Negotiation: The Psychological Power Of Default Rules And Form Terms, Russell Korobkin
Inertia And Preference In Contract Negotiation: The Psychological Power Of Default Rules And Form Terms, Russell Korobkin
Vanderbilt Law Review
In The Problem of Social Cost,' the foundational article of the law and economics movement, Ronald Coase suggested that when transaction costs are zero, the initial allocation of a legal entitlement is irrelevant to its eventual ownership. Assuming no transaction costs, the Coase Theorem predicts that if party A values an entitlement more than does party B, A will keep the entitlement if it is initially allocated to him, and he will buy it if it is originally allocated to B. This powerful insight depends on the behavioral assumption that an individual's valuation of entitlements does not depend on ownership; …
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Relational Contract Theory And The Concept Of Exchange, Paul J. Gudel
Buffalo Law Review
No abstract provided.
The Contract For Deed As A Mortgage: The Case For The Restatement Approach, Grant S. Nelson
The Contract For Deed As A Mortgage: The Case For The Restatement Approach, Grant S. Nelson
BYU Law Review
No abstract provided.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
Contract Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice
American University Law Review
No abstract provided.
Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams
Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School Apr. 4, 2011
Toward Contractual Choice In Marriage, J. Mark Ramseyer
Toward Contractual Choice In Marriage, J. Mark Ramseyer
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997
Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen
Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake
Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Restrictions On Forum-Selection Clauses In Franchise Agreements And The Federal Arbitration Act: Is State Law Preempted?, James Zimmerman
Restrictions On Forum-Selection Clauses In Franchise Agreements And The Federal Arbitration Act: Is State Law Preempted?, James Zimmerman
Vanderbilt Law Review
The use of forum-selection clauses in contracts continues to increase. Emboldened by the Supreme Court's endorsement of forum- selection clauses, large companies now frequently use these clauses in a variety of contracts. Contracting parties use these clauses in part to ensure that the parties can resolve any dispute in a convenient forum. Often, however, a party inserts a forum-selection clause to limit liability by increasing the barriers to litigation or arbitration. Typically, the party inserting the forum-selection clause has superior bargaining power and inserts into the contract a clause designating a forum remote to the other party, where any dispute …
Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York
Touro Law Review
No abstract provided.
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, 16 J. Marshall J. Computer & Info. L. 393 (1998), Robert W. Gomulkiewicz
UIC John Marshall Journal of Information Technology & Privacy Law
Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown. The purpose underlying implied warranties of merchantability is to ensure that the consumer is receiving a product that meets a minimal standard of consumer expectation; however, this threshold is difficult to measure when attempting to measure consumer expectation of computer software. The proposed U.C.C. Article 2B seeks to remedy this problem by removing some of the ambiguity. The implied warranty of merchantability had its genesis in the English commodities markets. As an action in tort, the implied warranty of merchantability protected a buyer …
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
Decloaking Development Contracts, 16 J. Marshall J. Computer & Info. L. 403 (1998), Micalyn S. Harris
UIC John Marshall Journal of Information Technology & Privacy Law
Proposed Article 2B seeks to minimize the conflict between the software developer and a client as to whether the contract is for goods or services. If the contract is for goods, then the client would receive the protection of a buyer under Article 2 of the U.C.C. If the contract is for services, then Article 2 does not apply and the relationship is governed by contract and common law principles. Proposed Article 2B will resolve this conflict by recognizing that development contracts are a mixture of goods and services and will also seek to provide default rules. Section 2B-617(b) of …
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Law, Literature, And Contract: An Essay In Realism, Blake D. Morant
Michigan Journal of Race and Law
In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
UIC Law Review
No abstract provided.
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
UIC Law Review
No abstract provided.
Introduction, Maja Dagny Chaffe
Introduction, Maja Dagny Chaffe
Seattle University Law Review
Introduction to the annual Casebook Review issue.
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven
Cleveland State Law Review
The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …
A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel
A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel
Touro Law Review
No abstract provided.
Intervention And Joinder As Of Right In International Arbitration, S. I. Strong
Intervention And Joinder As Of Right In International Arbitration, S. I. Strong
Vanderbilt Journal of Transnational Law
For the purpose of this Article, an existing party is said to have a claim to join a third party into an arbitration as of right when (1) in the third party's absence, complete relief cannot be accorded among those already parties to the arbitration or (2) the third party asserts an interest relating to the subject of the arbitration and is so situated that the disposition of the arbitration in the third party's absence may (a) as a practical matter impair or impede the third party's ability to protect that interest or (b) leave any of the persons already …
The Best Law School Subject, Robert A. Hillman, Robert S. Summers
The Best Law School Subject, Robert A. Hillman, Robert S. Summers
Seattle University Law Review
This Essay responds to a casebook review published in the previous annual Casebook Review issue.
A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young
A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young
Seattle University Law Review
This Essay responds to a casebook review published in the previous annual Casebook Review issue.
Client Beware: The Need For A Mandatory Written Fee Agreement Rule, Lawrence A. Dubin
Client Beware: The Need For A Mandatory Written Fee Agreement Rule, Lawrence A. Dubin
Oklahoma Law Review
No abstract provided.
Damning With Fulsome Praise: Assessing The Uniqueness Of An Artist Or Performer As A Condition To Enjoin Performance Of Personal Service Contracts In Entertainment Law, Sharon F. Carton
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Free To Choose, Randy E. Barnett
Free To Choose, Randy E. Barnett
Seattle University Law Review
This Essay responds to a casebook review published in the previous annual Casebook Review issue.
Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty
Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty
UIC Law Review
No abstract provided.
Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim
Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim
UIC Law Review
No abstract provided.
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
Northwestern Journal of International Law & Business
The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …