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Articles 1 - 14 of 14
Full-Text Articles in Law
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Mind The Gap, Charles H. Ii Brower
Mind The Gap, Charles H. Ii Brower
Law Faculty Research Publications
No abstract provided.
The Moral Hazard Of Contract Drafting, Eric A. Zacks
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
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 drafting …
Contractualizing Custody, Sarah Abramowicz
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 any danger of …
Beyond Family Law, Sarah Abramowicz
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
Contracting Blame, Eric A. Zacks
Law Faculty Research Publications
No abstract provided.
Unstacking The Deck - Contract Manipulation And Credit Card Accountability, Eric A. Zacks
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
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
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
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
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
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
Rights Of Defrauded Quiz Show Contestants, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.