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Articles 1 - 9 of 9

Full-Text Articles in Law

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese Oct 2005

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese

Faculty Publications

No abstract provided.


Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer Apr 2005

Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer

Faculty Publications

No abstract provided.


From Imperial China To Cyberspace: Contracting Without The State, David D. Friedman Jan 2005

From Imperial China To Cyberspace: Contracting Without The State, David D. Friedman

Faculty Publications

In 1895, as part of the treaty of Shimonoseki, China ceded the island of Taiwan to Japan. The Japanese government wished to maintain the existing legal system; in order to do so it had to discover what that legal system was.

One feature of that legal system was the combination of elaborate contractual practice with an almost total absence of contract law. Imperial China had no equivalent of our civil lawsuits. A merchant who had sold goods on credit and not been paid could, if he wished, report his debtor to the district magistrate for the crime of swindling him-but …


A Tyrannosaurus-Rex Aptly Named Sue: Using A Disputed Dinosaur To Teach Contract Defenses, Miriam A. Cherry Jan 2005

A Tyrannosaurus-Rex Aptly Named Sue: Using A Disputed Dinosaur To Teach Contract Defenses, Miriam A. Cherry

Faculty Publications

(Excerpt)

In August 1990, commercial fossil hunters from the Black Hills Geologic Institute ("Black Hills") discovered the remains of an almost complete Tyrannosaurus Rex skeleton located in the Badlands of South Dakota. Named "Sue" after her discoverer, the fossil immediately became the subject of controversy. Although many of the facts were disputed, the collectors gave the purported owner of the land, a Native American rancher named Maurice Williams, a check for $5,000, which he cashed, and the collectors excavated Sue. The fair market value of a T-Rex skeleton with that degree of completeness was over eight million dollars.

Once the …


Rediscovering Williston, Mark L. Movsesian Jan 2005

Rediscovering Williston, Mark L. Movsesian

Faculty Publications

This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the under-theorized quality of Williston's scholarship—to contemporary …


Symposium - Incomplete Contracts: Judicial Responses, Transactional Planning, And Litigation Strategies - Introduction, Juliet P. Kostritsky Jan 2005

Symposium - Incomplete Contracts: Judicial Responses, Transactional Planning, And Litigation Strategies - Introduction, Juliet P. Kostritsky

Faculty Publications

This introduction introduces three articles in a Symposium by Richard Craswell, Avery Katz, Robert Scott and George Triantis on the topic of incomplete contracts. The Symposium appears in 56 CASE WES. L. REV. 135 (2005).

The recognition that parties will often fail to achieve completely contingent contracts that provide for an optimal outcome in any future state of the world raises the important question of what role courts could or should play in such contracts.

Scholars working in the law-and-economics tradition have suggested that courts should use a hypothetical bargain approach to incompleteness, filling in terms that are optimal (efficient) …


Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman Jan 2005

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Faculty Publications

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …


Unity And Pluralism In Contract Law, Nathan B. Oman Jan 2005

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.


On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces Jan 2005

On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces

Faculty Publications

No abstract provided.