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Cornell Law Faculty Publications

1981

Articles 1 - 16 of 16

Full-Text Articles in Law

Debunking Some Myths About Unconscionability: A New Framework For U.C.C. Section 2-302, Robert A. Hillman Nov 1981

Debunking Some Myths About Unconscionability: A New Framework For U.C.C. Section 2-302, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

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Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman Oct 1981

Smith V. Hussman Refrigerator Company: Fair Representation And The Erosion Of Collective Values, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

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Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr. Oct 1981

Should A "Process Defense" Be Recognized In Product Design Cases?, James A. Henderson Jr.

Cornell Law Faculty Publications

Professor Henderson, addressing the suggestion that the focus in product design liability cases should be on the process by which design decisions are made rather than on the reasonableness of a particular design, analyzes a proposal that manufacturers be able to present evidence of good process as a defense. Although he applauds the attempt to resolve the difficulties of deciding product design cases, he questions the soundness of the process approach. Specifically, he argues that a process defense would be unworkable because judges would be unable to tell good process from bad, and that the proposal does not address polycentricity--the …

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Coping With The Time Dimension In Products Liability, James A. Henderson Jr. Jul 1981

Coping With The Time Dimension In Products Liability, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

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Bankruptcy Law In Perspective, Theodore Eisenberg Jun 1981

Bankruptcy Law In Perspective, Theodore Eisenberg

Cornell Law Faculty Publications

The new bankruptcy act is a failure. Its shortcomings show that we need to change the way we think about bankruptcy law. The problem is not so much with the new bankruptcy act's treatment of any specific issue, though larger problems manifest themselves through questionable specific provisions. Rather, the problem is the way in which bankruptcy law is perceived as an area separate from the rest of the legal world. In many respects the new bankruptcy act inadequately reflects bankruptcy law's existence as part of a legal structure that includes many other federal laws, a Constitution, and detailed treatment of …

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Predatory Pricing: Competing Economic Theories And The Evolution Of Legal Standards, Joseph F. Brodley, George A. Hay Apr 1981

Predatory Pricing: Competing Economic Theories And The Evolution Of Legal Standards, Joseph F. Brodley, George A. Hay

Cornell Law Faculty Publications

Recent years have witnessed a virtual explosion in the legal and economic literature dealing with predatory pricing. Equally dramatic has been the swift adoption by several courts of policy conclusions derived from this literature—a development that is startling, given the complexity and volume of the literature and the lack of consensus among legal and economic scholars. The result has been to raise an acute problem for lawyers and judges who must assess the validity and applicability of competing economic models, mold stubborn and unruly facts to fit abstract economic theories, translate economic theories into legal doctrines, and resolve puzzling cost …

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Civil Procedure: Commentary, Faust Rossi Apr 1981

Civil Procedure: Commentary, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

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Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont Mar 1981

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …

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Crisis In Legal Services For The Poor, Roger C. Cramton Mar 1981

Crisis In Legal Services For The Poor, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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Lawyer Competence And The Law Schools, Roger C. Cramton Jan 1981

Lawyer Competence And The Law Schools, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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Property, E. F. Roberts Jan 1981

Property, E. F. Roberts

Cornell Law Faculty Publications

In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …

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‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley Jan 1981

‘Economists’ Reasons' For Common Law Decisions - A Preliminary Inquiry, Robert S. Summers, Leigh B. Kelley

Cornell Law Faculty Publications

No abstract provided.

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A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman Jan 1981

A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman

Cornell Law Faculty Publications

A goal of the Uniform Commercial Code is to provide rules that respond to commercial reality so that the intentions of contracting parties will be effectuated. To meet this challenge the U.C.C. was written to allow both certainty and flexibility. In this Article, Professor Hillman examines the Code provisions governing contract modifications. Through a series of hypothetical problems he explores the methodology used by the U.C.C. in attempting to achieve a proper balance between stability and flexibility in contract modification law. He concludes that the Code has not been successful in achieving its goals in this area. The various sections …

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Change And Continuity In Legal Education, Roger C. Cramton Jan 1981

Change And Continuity In Legal Education, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers Jan 1981

Pragmatic Instrumentalism In Twentieth Century American Legal Thought—A Synthesis And Critique Of Our Dominant General Theory About Law And Its Use, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

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Recent Changes In Legal Education, Roger C. Cramton Jan 1981

Recent Changes In Legal Education, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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