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Full-Text Articles in Law

Contract And Dispossession, Deborah W. Post Aug 2012

Contract And Dispossession, Deborah W. Post

Deborah W. Post

This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, …


Sale Of Goods Contract Not To Be Performed Within A Year: Is The Uniform Commercial Code Statute Of Frauds Provision Exclusive?, Sidney Kwestel Aug 2012

Sale Of Goods Contract Not To Be Performed Within A Year: Is The Uniform Commercial Code Statute Of Frauds Provision Exclusive?, Sidney Kwestel

Sidney Kwestel

No abstract provided.


'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst Jun 2012

'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst

Stephen A Gerst

No abstract provided.


Contract Law, Chao-Hung Christopher Chen May 2012

Contract Law, Chao-Hung Christopher Chen

Christopher Chao-hung Chen

No abstract provided.


Contracting Law, Deborah Post, Amy Kastely, Nancy Ota, Sharon Hom Jan 2012

Contracting Law, Deborah Post, Amy Kastely, Nancy Ota, Sharon Hom

Deborah W. Post

Revised and updated to 2006, the fourth edition of Contracting Law continues the clear explanations of contract doctrine, engaging cases, and thought-provoking cultural and historical materials that have made this casebook a favorite of students and professors. Students and faculty appreciate the fact that no separate statutory supplement is necessary. Selected provisions from the Restatement Second of Contracts and the Uniform Commercial Code are included in the casebook as appendices. The workbook (purchased separately), complete with flow charts, vocabulary lists, problems and structured exercises, helps students understand legal doctrines, case briefing, and synthesis. Students can use the workbook independently or …


Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post Jan 2012

Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post

Deborah W. Post

No abstract provided.


Green Building Liability: Considering The Applicable Standard Of Care & Strategies For Establishing A Different Level By Agreement, Darren Prum Jan 2012

Green Building Liability: Considering The Applicable Standard Of Care & Strategies For Establishing A Different Level By Agreement, Darren Prum

Darren A. Prum

Recently, many in the construction industry appear to be adopting the standards and practices of green buildings on new and existing projects. With this shift to more sustainable approaches by the various participants and with the corresponding need for parties that specialize in these practices to fulfill an owner’s goals, the applicable standard of care for a given relationship when a problem occurs also may become an undetermined and overlooked risk for those involved in these types of projects. As such, the applicable standard of care for liability situations concerning green building construction will inevitably become an issue the courts …