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Articles 1 - 16 of 16
Full-Text Articles in Law
Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis
Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis
All Faculty Scholarship
The most dramatic development in twenty-first century bankruptcy practice has been the increasing use of contracts to shape the bankruptcy process. To explain the new contract paradigm—our principal objective in this Article-- we begin by examining the structure of current bankruptcy law. Although the Bankruptcy Code of 1978 has long been viewed as mandatory, its voting and cramdown rules, among others, invite considerable contracting. The emerging paradigm is asymmetric, however. While the Code and bankruptcy practice allow for ex post contracting, ex ante contracts are viewed with suspicion.
We next use contract theory to assess the two modes of contracting. …
Effective Contract Drafting: Indentifying The Building Blocks Of Contracts, Lori D. Johnson
Effective Contract Drafting: Indentifying The Building Blocks Of Contracts, Lori D. Johnson
Scholarly Works
No abstract provided.
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
No abstract provided.
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs
University of Richmond Law Review
This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
Making A Statement Without Saying A Word: What Implied Covenants Say When The Lease Is Silent On Post-Production Costs, R. Cordell Pierce
West Virginia Law Review
No abstract provided.
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.
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust
Seattle University Law Review
This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …
Fourteenth-Century Promises, Morris S. Arnold
Fourteenth-Century Promises, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Lease Covenants: Exculpation By Implication, R. Harvey Chappell Jr.
Lease Covenants: Exculpation By Implication, R. Harvey Chappell Jr.
William & Mary Law Review
No abstract provided.
Covenants In Leases In West Virginia, Londo H. Brown
Covenants In Leases In West Virginia, Londo H. Brown
West Virginia Law Review
The subject of covenants in leases has been dealt with by the courts and legal writers time and time again until it would seem that there can be very little said on the subject which has not already been said before and perhaps said many times. However, the subject has not been before the Supreme Court of Appeals of West Virginia many times and, when it has been before that court, no detailed consideration has been given it in most instances. General statements have been made, and general rules have been laid down, often without a reason for the statement …
Covenants Not To Compete In Kentucky, Maurine Sharp
Covenants Not To Compete In Kentucky, Maurine Sharp
Kentucky Law Journal
No abstract provided.
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Michigan Law Review
Defendants sold and conveyed their grocery business by a bill of sale under seal and covenanted not to engage in a like business within a one-mile radius for a period of three years. The purchaser assigned the bill of sale by an instrument not under seal to the plaintiffs. When the defendants opened a competing business in violation of their agreement, the plaintiffs filed a bill in equity asking that the defendants be restrained. Held, that an injunction should issue, notwithstanding the bill of sale was sealed while the assignment was not. Adamowicz v. Iwanicki, (Mass. 1934) 190 …
Contracts - Illegality- General Restraint Of Trade
Contracts - Illegality- General Restraint Of Trade
Michigan Law Review
Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.
The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem
The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem
Michigan Law Review
Purpose of this article--The manager of the execution of instruments under seal, such as deeds, bonds and other solemn writings, is of so much importance and has been so frequently discussed, as to merit the more extended treatment, which it is the purpose of this article to devote to it. The word "deed" herein is used to describe all it instruments under seal, and not merely conveyances of land. It is to be observed that the question here is not how authority to execute sealed instruments is to be conferred, but how such an authority is to be executed.
Covenants As Quasi Contracts, Louis L. Hammon
Covenants As Quasi Contracts, Louis L. Hammon
Michigan Law Review
It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …