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Articles 1 - 19 of 19
Full-Text Articles in Law
Paying For What You Get—Restitution Recovery For Breach Of Contract, Jean Fleming Powers
Paying For What You Get—Restitution Recovery For Breach Of Contract, Jean Fleming Powers
Pace Law Review
This article begins with a brief discussion of restitution as a remedy for breach of contract under the Restatement (Second) of Contracts. It then discusses the changes the Restatement of Restitution adopts and the reasons for the changes. Next, it discusses why the changes have not only failed to achieve the goal of clarifying the “prevailing confusion” related to restitution and breach of contract, but have at times created more confusion. It then explains that contract and restitution principles are not only not in tension relative to restitution for breach of contract, but in fact support such a recovery.
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton
Pace Law Review
This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as …
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Pace Law Review
The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.
Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel
Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel
Pace Law Review
In pursuit of a greater understanding of this controversial subject, this article will: (1) explore the contract principles and public policy considerations that are implicated by an insurer’s breach of its defense duty; (2) consider recent case law addressing relevant issues; and (3) recommend a comprehensive approach that accommodates competing interests. Ultimately, the author concludes that in most circumstances an insurer that wrongfully disclaims its duty to defend should be precluded from raising defenses as to coverage in an action to indemnify the insured for monies paid out by the insured.
Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York, David F. Eisenberg
Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York, David F. Eisenberg
Pace Law Review
In opposition to New York’s current prohibition on surrogate parenting contracts, this paper will focus on explaining why, despite its controversial nature, New York should amend its existing law and permit the enforceability of such contracts. Here, common myths surrounding surrogacy will be debunked, arguments made to support the practice of surrogacy will be justified, and an alternative to the current statute will be offered. This alternative statute will propose legislation in a way that can protect New York’s social policy interests while still permitting the enforceability of surrogate parenting contracts.
The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman
The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman
Pace Law Review
No abstract provided.
Neutral Standardizing Of Contracts, Joseph M. Perillo
Neutral Standardizing Of Contracts, Joseph M. Perillo
Pace Law Review
No abstract provided.
Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer
Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer
Pace Law Review
No abstract provided.
Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry
Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry
Pace Law Review
No abstract provided.
Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor
Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor
Pace Law Review
No abstract provided.
Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney
Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney
Pace Law Review
No abstract provided.
What It's Worth To Do Your Best, Andrew Tettenborn
What It's Worth To Do Your Best, Andrew Tettenborn
Pace Law Review
No abstract provided.
Cardozo, Anti-Formalism, And The Fiction Of Noninterventionism, Larry A. Dimatteo
Cardozo, Anti-Formalism, And The Fiction Of Noninterventionism, Larry A. Dimatteo
Pace Law Review
No abstract provided.
A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller
A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller
Pace Law Review
No abstract provided.
Wood V. Duff-Gordon And The Modernist Cult Of Personality, Megan Richardson, David Tan
Wood V. Duff-Gordon And The Modernist Cult Of Personality, Megan Richardson, David Tan
Pace Law Review
No abstract provided.
Cardozo's Opinion In Lady Lucy's Case: Formative Unconscionability, Impracticality And Judicial Abuse, Monroe H. Freedman
Cardozo's Opinion In Lady Lucy's Case: Formative Unconscionability, Impracticality And Judicial Abuse, Monroe H. Freedman
Pace Law Review
No abstract provided.
An Employment Contract Instinct With An Obligation: Good Faith Costs And Contexts, Robert C. Bird
An Employment Contract Instinct With An Obligation: Good Faith Costs And Contexts, Robert C. Bird
Pace Law Review
No abstract provided.
Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman
Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman
Pace Law Review
No abstract provided.
Wood V. Lucy: The Overlap Between Interpretation And Gap-Filling To Achieve Minimum Decencies, Nicholas R. Weiskopf
Wood V. Lucy: The Overlap Between Interpretation And Gap-Filling To Achieve Minimum Decencies, Nicholas R. Weiskopf
Pace Law Review
No abstract provided.