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Articles 91 - 112 of 112
Full-Text Articles in Law
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Bargaining With Uncertainty, Moral Hazard And Sunk Costs: A Default Rule For Precontractual Negotiations, Juliet P. Kostritsky
Faculty Publications
Drawing from a model of bargaining behavior based on transaction cost economics, relational theories of contract,23 Williamsonian models of contracting behavior, and other economic insights, this Article argues that achieving the optimal solution for the complexities of bargaining relationships demands the adoption of a new legal default rule. This new default rule should have two aspects: First, the law should substantively recognize an implicit bargain, even in the absence of explicitly reciprocal communications. Second, the law should impose an obligation to perform that incorporates the terms of the parties' unexpressed, implicit bargain.
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers
Faculty Publications
During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burto, Juliet P. Kostritsky
Faculty Publications
A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law- supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative frameworkfor assessing the costs and benefits of legal interventions, they are incompletely justifled. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve fundamental issues of legal intervention. This Article uses that framework to critique the (1) hypothetical bargain and (2) Ayres/Gertner …
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
Faculty Publications
No abstract provided.
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Faculty Publications
Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer
Faculty Publications
No abstract provided.
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky
Faculty Publications
This Article will demonstrate that these apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This Article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This Article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
Faculty Publications
Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …
Punitive Damages In The Law Of Contract: The Reality And The Illusion Of Legal Change, Timothy J. Sullivan
Punitive Damages In The Law Of Contract: The Reality And The Illusion Of Legal Change, Timothy J. Sullivan
Faculty Publications
No abstract provided.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
The Concept Of Benefit In The Law Of Quasi-Contract, Timothy J. Sullivan
The Concept Of Benefit In The Law Of Quasi-Contract, Timothy J. Sullivan
Faculty Publications
No abstract provided.
Application Of Article 85 Paragraph 1, Of The Treaty Of Rome To Intrastate Exclusive Distributorship Agreements, Charles H. Koch Jr.
Application Of Article 85 Paragraph 1, Of The Treaty Of Rome To Intrastate Exclusive Distributorship Agreements, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Contracts And Sales, Joseph Curtis
Contracts And Sales, Joseph Curtis
Contracts And Sales, Joseph Curtis
Contracts And Sales, Joseph Curtis
Contracts And Sales, Joseph Curtis
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Faculty Publications
No abstract provided.
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
Faculty Publications
No abstract provided.
Book Review Of Cases And Materials On Contracts, Dudley Warner Woodbridge
Book Review Of Cases And Materials On Contracts, Dudley Warner Woodbridge
Faculty Publications
No abstract provided.
Above The Law, Lucian Minor