Law Commons^™

The United States And Water Development, Carol E. Dinkins

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

5 pages.

The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

44 pages.

Contains references.

Contains 1 attachment.

Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson

Articles

No abstract provided.

Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper has, then, two major themes. In the first part I hope to elucidate the relationship of political, legal, and social status associated with land ownership to the unique legal remedies - specific performance and non-recovery of damages - which society created in respect to exchanges of land (and thus exchanges of status) for money. In the conclusion I examine the transformation of legal rules applied to agreements in which labour is exchanged for money. If, in fact, property rules in contract evolved in response to the political, legal, and social attributes of land ownership, then one may be …

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White

Articles

Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …

Due On Sale Clauses: Profits, Public Policy, And Preemption, Ralph J. Rohner

Scholarly Articles

Use of the due-on-sale clause to trigger rate adjustments, a relatively recent innovation, has been the target of state legislation and conflicting court opinions. This article reviews arguments on both sides of the debate surrounding the clause, the issues before the Supreme Court when it addresses due on sale later this year, and the potential repercussions of a High Court decision.

Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang

Faculty Scholarship

No abstract provided.

Surrogate Gestation And The Protection Of Choice, Louise E. Graham

Law Faculty Scholarly Articles

Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …

Eight Cases And Section 251, James J. White

Articles

[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …

The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Conditions Of Personal Satisfaction In The Law Of Contracts, James Brook

Articles & Chapters

No abstract provided.