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Full-Text Articles in Law
Ideology And Argument Construction In Contract Law, Michael Fischl
Ideology And Argument Construction In Contract Law, Michael Fischl
Faculty Articles and Papers
I will offer an extended illustration of the demystification link here and will focus on promissory estoppel, a doctrine that receives sustained attention in the typical US Contracts class and has been the focus of a great deal of scholarship, critical and otherwise, for decades. Following this introduction, the essay proceeds in two parts. In Part II, I introduce promissory estoppel the way I do in my classes, contrasting mainstream, legal realist, and critical ‘stories’ about the history and role of the doctrine in American contract law. I warn my students – as I am warning readers here – that …
You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Peter Siegelman, Steven Thel
You Do Have To Keep Your Promises: A Disgorgement Theory Of Contract Remedies, Peter Siegelman, Steven Thel
Faculty Articles and Papers
Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the "benefit of the bargain." The law is thus assumed to permit a promise-breaker to keep any profit remaining from breach, after putting the victim in the position he would have been in had the promise been performed. This conventional description is radically wrong: across a wide range of circumstances, standard contract doctrines actually do require people to keep their promises, or to disgorge their entire profit from breach if they do not. Rather than protecting the expectation …
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Faculty Articles and Papers
While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …
Wilfulness Versus Expectation: A Promise-Based Defense Of Wilfull Breach Doctrine, Peter Siegelman, Steven Thel
Wilfulness Versus Expectation: A Promise-Based Defense Of Wilfull Breach Doctrine, Peter Siegelman, Steven Thel
Faculty Articles and Papers
Willful breach doctrine should be a major embarrassment to contract law. If the default remedy for breach is expectation damages designed to put the injured promisee in the position she would have been in if the contract had been performed, then the promisor's behavior-the reason for the breach-looks to be irrelevant in assessing damages. And yet the cases are full of references to "willful" breaches, which seem often to be treated more harshly than ordinary ones based on the promisor's bad/willful conduct. Our explanation is that willful breaches are best understood as those that should be prevented or deterred because …
The Other Side Of The Picket Line: Contract, Democracy, And Power In A Law School Classroom, Michael Fischl
The Other Side Of The Picket Line: Contract, Democracy, And Power In A Law School Classroom, Michael Fischl
Faculty Articles and Papers
his essay - from a forthcoming symposium on teaching from the left in the NYU Review of Law & Social Change - offers an account of the successful union organizing campaign among custodial and landscaping workers at the University of Miami during the 2005-06 academic year, focusing in particular on the role played by faculty during the course of the campaign. It examines a fractious debate generated by faculty who held classes off campus in order to support the striking workers and the author's own decision to put the question of whether to honor the picket line to a vote …
Trade Secrets, Property, And Social Relations, Steven Wilf
Trade Secrets, Property, And Social Relations, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Way We Live Now: A Discussion Of Contracts And Domestic Arrangements, The, Carol Weisbrod
Way We Live Now: A Discussion Of Contracts And Domestic Arrangements, The, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher
Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher
Faculty Articles and Papers
No abstract provided.
1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher
1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher
Faculty Articles and Papers
No abstract provided.
Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham
Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham
The Duty To Disclose And The Prisoner's Dilemma: Laidlaw V. Organ, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham
A Rose By Any Other Word: Mutual Mistake In Sherwood V. Walker, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Holmes On Peerless: Raffles V. Wichelhaus And The Objective Theory Of Contract, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Note On The Reliance Interest, Robert Birmingham
Note On The Reliance Interest, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert Birmingham
Breach Of Contract, Damage Measures, And Economic Efficiency, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Damage Measures And Economic Rationality: The Geometry Of Contract Law, Robert Birmingham
Damage Measures And Economic Rationality: The Geometry Of Contract Law, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert Birmingham
Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations, Robert Birmingham
A Second Look At The Suez Canal Cases: Excuse For Nonperformance Of Contractual Obligations, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Incorporation By Reference In Commercial Contracts, Robert Whitman
Incorporation By Reference In Commercial Contracts, Robert Whitman
Faculty Articles and Papers
No abstract provided.