Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Cooperative Federalism, The New Formalism, And The Separation Of Powers Revisited: Free Enterprise Fund And The Problem Of Presidential Oversight Of State-Government Officers Enforcing Federal Law, Ronald J. Krotoszynski Jr.
Cooperative Federalism, The New Formalism, And The Separation Of Powers Revisited: Free Enterprise Fund And The Problem Of Presidential Oversight Of State-Government Officers Enforcing Federal Law, Ronald J. Krotoszynski Jr.
Articles
Formalism has returned, displacing the flexible, functionalist separation-of-powers analysis that often characterized the Supreme Court's separation-of-powers decisions during the Rehnquist Court. Free Enterprise Fund v. Public Co. Accounting Oversight Board provides powerful evidence of this emerging trend. Moreover, a reliable majority of the Justices have strongly embraced formalism in other important separation-of-powers decisions as well. A new formalism now appears to govern the Court's contemporary separation-of-powers jurisprudence-with the defenders of more flexible, functional approaches to separation-of-powers questions relegated to writing dissents. The Roberts Court, however, has failed to elucidate fully the precise scope and meaning of its new formalist vision …
Purchasers Lacking Privity Overcoming "The Rule" For Express Warranty Claims: Expanding Judicial Application Of Common Law Theories And Liberal Interpretation Of U.C.C. Section 2-318, Gary E. Sullivan, Braxton Thrash
Purchasers Lacking Privity Overcoming "The Rule" For Express Warranty Claims: Expanding Judicial Application Of Common Law Theories And Liberal Interpretation Of U.C.C. Section 2-318, Gary E. Sullivan, Braxton Thrash
Articles
The doctrine of privity has dogged contract plaintiffs for several hundred years, but it has been even more challenging for the courts. Never being fully satisfied with one take on it, courts have oscillated back and forth from allowing third-party suits to almost entirely prohibiting them. Even when the doctrine was at its strongest, the courts found ways to avoid its often inequitable dictates. The question seemed to be answered for sales contracts upon the promulgation and adoption of U.C.C. section 2-318. Many states, however, considered the provision unsatisfactory, and it was soon replaced by a set of three alternatives …