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Articles 1 - 30 of 42
Full-Text Articles in Law
Newsletter Vol.20 No.4 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.20 No.4 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Reconceptualizing Sovereign Immunity, Harold J. Krent
Reconceptualizing Sovereign Immunity, Harold J. Krent
Vanderbilt Law Review
The United States generally is immune from suit without its con- sent. Accordingly, neither Congress nor the executive branch need pay damages' for any contract breached, any tort committed, or any constitutional right violated by the federal government. Although the doctrine of sovereign immunity persists, it persists subject to near unanimous condemnation from commentators. Many have rejected the underlying theory that the "King can do no wrong" as oddly out of place in our republican governments and many have noted as well that sovereign immunity was never applied as comprehensively in the past as it is today. Presently, there seems …
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Consideration And Estoppel: Problem And Panacea, Bruce Macdougall
Dalhousie Law Journal
In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …
Newsletter Vol.20 No.3 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.20 No.3 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Dalhousie Law Journal
This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone
Cornell Law Faculty Publications
No abstract provided.
Newsletter Vol.20 No.2 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.20 No.2 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Noncompete Agreements Under Florida Law: A Retrospective And A Requiem, Kendall B. Coffey, Thomas F. Nealon, Iii
Florida State University Law Review
No abstract provided.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Freedom From Reliance: A Contract Approach To Express Warranty, Sidney Kwestel
Freedom From Reliance: A Contract Approach To Express Warranty, Sidney Kwestel
Scholarly Works
No abstract provided.
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Books
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Contract Warranties And Remedies: A Comprehensive Survey Of The Creation, Modification And Exclusion Of Contract Warranties And Remedies For Attorneys And Contracting Professionals, Joseph J. Corey Jr.
Campbell Law Review
This article discusses the types of warranties and remedies that are available by contract and by operation of the law. It also discusses how these warranties and remedies can be limited, waived, and excluded by contract language, actions of the parties, and operation of the law.
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen
LLM Theses and Essays
The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
LLM Theses and Essays
The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …
1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher
1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher
Faculty Articles and Papers
No abstract provided.
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
Algunas Reflexiones Sobre La Protección Penal De Cheque, Martin Paolantonio
Algunas Reflexiones Sobre La Protección Penal De Cheque, Martin Paolantonio
Martin Paolantonio
Nota a fallo con consideraciones sobre el alcance de la tutela penal del cheque y el delito de libramiento de cheque sin provisión de fondos
Anotaciones Sobre El Nuevo Régimen Legal De Factura Conformada (Ley 24.064), Martin Paolantonio, Salvador Bergel
Anotaciones Sobre El Nuevo Régimen Legal De Factura Conformada (Ley 24.064), Martin Paolantonio, Salvador Bergel
Martin Paolantonio
Análisis de los aspectos principales de la ley 24.064 que incorporó una nueva normativa para la factura conformada
La Eficacia Del Derecho Internacional Frente A La Cuestión Ambiental, Martin Paolantonio
La Eficacia Del Derecho Internacional Frente A La Cuestión Ambiental, Martin Paolantonio
Martin Paolantonio
Se subraya la necesidad de un consenso real en el plano internacional para que el derecho ambiental deje de ser primariamente declarativo
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Articles
In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …
Newsletter Vol.20 No.1 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
Newsletter Vol.20 No.1 1992, National Center For The Study Of Collective Bargaining In Higher Education And The Professions
National Center Newsletters
No abstract provided.
Voluntary Commercial Arbitration: Carefully Constructed Contract Clauses Can Cure Countless Conflicts, 25 J. Marshall L. Rev. 309 (1992), Barry C. Silverman
Voluntary Commercial Arbitration: Carefully Constructed Contract Clauses Can Cure Countless Conflicts, 25 J. Marshall L. Rev. 309 (1992), Barry C. Silverman
UIC Law Review
No abstract provided.
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Faculty Articles
Professor O’Kelley comments on a familiar problem in the law of closely held business associations - the alleged exploitation of weaker or minority investors by stronger or majority participants. The fact pattern is simple. At the outset of the cooperative venture, a stronger participant assumes the role of proprietor, partner, or majority shareholder, while the weaker participant assumes the role of agent, partner, or minority shareholder. For whatever reason, the venturers do not explicitly guarantee or protect the weaker participant’s right to income or continued participation in the venture. Consequently, at some later date the stronger participant reduces or eliminates …
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
Maryland Law Review
No abstract provided.
The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff
The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff
UIC Law Review
No abstract provided.
Positivism In The English Law Of Contract, Andrew B.L. Phang
Positivism In The English Law Of Contract, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
While there has been no paucity of theoretical discussion on the law of contract,’ there has, in English law at least, been little clear evidence from the courts themselves which particular jurisprudential approach is favoured.2 This is not surprising, given the rather formal nature of the English legal system.’ Herein, perhaps, lies a clue - that English law in general and its contract law in particular are generally oriented towards so-called ‘black letter law’; or, to be more precise, that the generally favoured conception of law is that of po~itivism.~ Asalready mentioned, however, there has been little express acknowledgement of …
Section 1983 And The Collateral Source Rule, Linda L. House
Section 1983 And The Collateral Source Rule, Linda L. House
Cleveland State Law Review
This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further …
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
All Faculty Scholarship
No abstract provided.