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Full-Text Articles in Law
Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Juliet P. Kostritsky, Wojbor Woyczynski, Harold Haller, Kyle Chen
Empirical Study Redux On Choice Of Law And Forum In M&A: The Data And Its Limits, Juliet P. Kostritsky, Wojbor Woyczynski, Harold Haller, Kyle Chen
Juliet P Kostritsky
No abstract provided.
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Juliet P Kostritsky
ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …
The Means/Ends Dilemma In Contract Interpretation: A Response To Professors Kraus And Scott: How The Intractability Of Express Language Affects Interpretive Authority And Legal Interventions In Contracts, Juliet P. Kostritsky
Juliet P Kostritsky
In their recent article on Contract Design and Intent, Professors Jody Kraus and Robert Scott offer a new justification for literal enforcement of the parties’ chosen terms and for ignoring the contract’s objectives. Their argument depends on a theory of how parties trade off front end and back end costs. Kraus and Scott posit that if parties use specific terms, and fail to use open-ended terms, they have chosen to exclude courts from broadly interpreting the contract or going beyond the chosen means. As such, courts should rigorously adhere to the parties’ explicit contractual means and spurn any judicial strategy …
The Means/Ends Dilemma In Contract Interpretation: A Response To Professors Kraus And Scott: How The Intractability Of Express Language Affects Interpretive Authority And Legal Intervention In Contracts, Juliet P. Kostritsky
Juliet P Kostritsky
In their recent article on Contract Design and Intent, Professors Jody Kraus and Robert Scott offer a new justification for literal enforcement of the parties’ chosen terms and for ignoring the contract’s objectives. Their argument depends on a theory of how parties trade off front end and back end costs. Kraus and Scott posit that if parties use specific terms, and fail to use open-ended terms, they have chosen to exclude courts from broadly interpreting the contract or going beyond the chosen means. As such, courts should rigorously adhere to the parties’ explicit contractual means and spurn any judicial strategy …