Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Contracts (3)
- Negligence (3)
- Partnership (business) -- Taxation (3)
- Performance (law) (3)
- Restitution (3)
-
- Capital Gains Tax (2)
- Corporations -- Taxation (2)
- Income Tax (2)
- Tax Shelters (2)
- Taxation (2)
- "dawson (1)
- Agriculture (1)
- Awarding Loss in Value (1)
- Breach of Contract (1)
- Charities (1)
- Common Law (1)
- Compromise (law) (1)
- Conflict of Laws (1)
- Constitutional law (1)
- Consumer protection (1)
- Contract (1)
- Contract Law (1)
- Contract Theory (1)
- Contract law (1)
- Contract theory (1)
- Contracts (open Terms) (1)
- Contracts -- Interpretation & Construction (1)
- Contracts -- Study & Teaching (1)
- Copyright (1)
- Damage Mitigation (law) (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Mark P. Gergen
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing. Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.” Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …
Causation In Disgorgement, Mark P. Gergen
Causation In Disgorgement, Mark P. Gergen
Mark P. Gergen
The Restatement (Third) of Restitution and Unjust Enrichment offers scant guidance on how to determine wealth legally attributable to a wrong for purposes of disgorgement. The black letter admits defeat, stating, "[T]he court may apply such tests of causation and remoteness, . . . may recognize such credits or deductions, and may assign such evidentiary burdens, as reason and fairness dictate, consistent with the object of restitution . . . ."' The comments warn against resort to mechanical rules, including the familiar rule of but-for causation. They recommend merging the factual issue of causation with issues of policy and fairness …
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman
Mark P. Gergen
The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …
Selfish State And The Market, Mark P. Gergen
What Renders Enrichment Unjust, Mark P. Gergen
Reforming Subchapter K: Contributions And Distributions, Mark P. Gergen
Reforming Subchapter K: Contributions And Distributions, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Pragmatic Case For Taxing An Equity Fund Manager's Profit Share As Compensation, A, Mark P. Gergen
Pragmatic Case For Taxing An Equity Fund Manager's Profit Share As Compensation, A, Mark P. Gergen
Mark P. Gergen
Despite the objections made by David Weisbach in his article “The Taxation of Carried Interests in Private Equity,” it is possible to make a case for Code Section 710. Section 710 proposes taxing a private equity fund manager's profit share as compensation. Weisbach argues against this proposal on the basis that principles and concepts of tax law are of secondary relevance in resolving issues of tax policy. However, this viewpoint disregards arguments of fairness or horizontal equity. Moreover, it is possible to make a case for Section 710 that does not depend on arguments about the unfairness of taxing fund …
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen
Mark P. Gergen
The article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.
Tortious Interference: How It Is Engulfing Commercial Law, Why This Is Not Entirely Bad, And A Prudential Response, Mark P. Gergen
Tortious Interference: How It Is Engulfing Commercial Law, Why This Is Not Entirely Bad, And A Prudential Response, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Reforming Subchapter K: Compensating Service Partners, Mark P. Gergen
Reforming Subchapter K: Compensating Service Partners, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Use Of Open Terms In Contract, Mark P. Gergen
The Use Of Open Terms In Contract, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Priest Responds To The Bean Counters: Leo Katz On Evasiion, Blackmail, Fraud, And Kindred Puzzles Of The Law, A, Mark P. Gergen
Priest Responds To The Bean Counters: Leo Katz On Evasiion, Blackmail, Fraud, And Kindred Puzzles Of The Law, A, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Subchapter K And Passive Financial Intermediation, Mark P. Gergen
Subchapter K And Passive Financial Intermediation, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Texaco-Pennzoil Affair And The Economic Analysis Of Remedies For Mistakes In Contract Formation, Mark P. Gergen
The Texaco-Pennzoil Affair And The Economic Analysis Of Remedies For Mistakes In Contract Formation, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Logic Of Deterrence: Corporate Tax Shelters, Mark P. Gergen
The Logic Of Deterrence: Corporate Tax Shelters, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Reforming Subchapter K: Special Allocations, Mark P. Gergen
Reforming Subchapter K: Special Allocations, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Case For A Charitable Contributions Deduction, Mark P. Gergen
The Case For A Charitable Contributions Deduction, Mark P. Gergen
Mark P. Gergen
United States. Examines three theories supporting some form of a deduction or tax credit for contributions.
The Effects Of Price Volatility And Strategic Trading Under Realization, Expected Return And Retrospective Taxation, Mark P. Gergen
The Effects Of Price Volatility And Strategic Trading Under Realization, Expected Return And Retrospective Taxation, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Liability For Mistake In Contract Formation, Mark P. Gergen
Liability For Mistake In Contract Formation, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Common Knowledge Of Tax Abuse, Mark P. Gergen
The Common Knowledge Of Tax Abuse, Mark P. Gergen
Mark P. Gergen
No abstract provided.
How Corporate Integration Could Kill The Market For Corporate Tax Shelters, Mark P. Gergen
How Corporate Integration Could Kill The Market For Corporate Tax Shelters, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Constitutional Limitations On State Long Arm Jurisdiction, Mark P. Gergen
Constitutional Limitations On State Long Arm Jurisdiction, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Influence Of Tax Law On Securities Innovation In The United States: 1981-1997, Mark P. Gergen, Paula Schmitz
The Influence Of Tax Law On Securities Innovation In The United States: 1981-1997, Mark P. Gergen, Paula Schmitz
Mark P. Gergen
No abstract provided.
Grudging Defense Of The Role Of The Collateral Torts In Wrongful Termination Litigation, Mark P. Gergen
Grudging Defense Of The Role Of The Collateral Torts In Wrongful Termination Litigation, Mark P. Gergen
Mark P. Gergen
No abstract provided.
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
The Ambit Of Negligence Liability For Pure Economic Loss, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn
Common Law Judicial Decision Making: The Case Of The New York Court Of Appeals 1900-1941, Mark P. Gergen, Kevin M. Quinn
Mark P. Gergen
The article discusses common law judicial decision making by the New York Court of Appeals (NYCOA) between 1900 and 1941, focusing on the court's policy towards fairness in cases involving subjects such tort law, contract law, and constitutional law. The judicial acumen of former NYCOA justice such as Benjamin Cardozo is also addressed, along with an analysis of statistical data related to alleged patterned voting by justices.
The End Of The Revolution In Partnership Tax, Mark P. Gergen
The End Of The Revolution In Partnership Tax, Mark P. Gergen
Mark P. Gergen
No abstract provided.
Equality And The Conflict Of Laws, Mark P. Gergen
Equality And The Conflict Of Laws, Mark P. Gergen
Mark P. Gergen
No abstract provided.