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Full-Text Articles in Law
Critical Race Realism: Re-Claiming The Antidiscrimination Principle Through The Doctrine Of Good Faith In Contract Law, Emily Houh
Faculty Articles and Other Publications
This Article employs what it calls "critical race realism" to theorize and propose a common law antidiscrimination claim that incorporates contemporary re-conceptualizations of antidiscrimination jurisprudence and grounds itself doctrinally not in civil rights law but in the contractually implied obligation of good faith. "Critical race realism" refers in part to this Article's explicit goal, in proposing the common law claim, to re-conceive explicitly the private law doctrine of good faith as one that might assist in effecting a public law norm of equality. By employing critical race realism, this Article hopes to help revive the controversy over what constitutes the …
The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh
The Doctrine Of Good Faith In Contract Law: A (Nearly) Empty Vessel?, Emily Houh
Faculty Articles and Other Publications
Empty Vessel explores both the positive and normative questions of what the contractually implied obligation of good faith does and should require of contracting parties. The Article attempts to assess and evaluate the ways in which courts are currently employing the good faith doctrine in contract disputes, as part of a larger project whose goal is to re-conceive and reinvigorate the private law doctrine of good faith as one that might assist in effecting the public law norm of equality. Empty Vessel identifies two dominant theoretical approaches to how to define good faith, which I refer to as the fairness …