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Full-Text Articles in Law
Confronting Adr Agreements' Contract/No-Contract Conundrum With Good Faith, Amy J. Schmitz
Confronting Adr Agreements' Contract/No-Contract Conundrum With Good Faith, Amy J. Schmitz
Faculty Publications
This Article explores the intricate problem, or conundrum, of enforcing "Alternative Dispute Resolution ('ADR') agreements" that require mediation or other non-binding dispute resolution procedures. Although public policy supports ADR, courts' inadequate analysis of ADR agreements is threatening their vitality. Instead of properly considering the flexible nature of these agreements, courts assume formalist contract or no-contract conclusions similar to those they impose on what Professor Charles Knapp has termed "contracts to bargain." ADR agreements and other contracts to bargain pose enforcement problems because they require parties' cooperation without specifying what cooperation means or how to enforce such flexible duties. This Article …
Leases: Like Any Other Contract?, John V. Orth
Leases: Like Any Other Contract?, John V. Orth
Faculty Publications
No abstract provided.
"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth
"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth
Faculty Publications
No abstract provided.
Unintelligent Design In Contract, Peter A. Alces
Unintelligent Design In Contract, Peter A. Alces
Faculty Publications
Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Faculty Publications
No abstract provided.