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Articles 571 - 600 of 639
Full-Text Articles in Law
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
The Evolution Of Law: The Roman System Of Contracts, Alan Watson
Scholarly Works
I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Bleeding Hearts And Peeling Floors: Compensation For Economic Loss At The House Of Lords, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The decision of the House of Lords in Junior Books Ltd. v. Veitchi Ltd. represents an unwarranted development in the law of tort and contract, unless its rationale and limitations are fully appreciated. This reform in such an important area is premature "in the absence of hard data on the probable impact of such an extension of liability.” Much of the published commentary on recovery of economic loss in tort, and on this decision in particular, has been written from the ex post perspective of accident compensation doctrine and theory. Most writers have been concerned with the development of positive …
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick
Law Faculty Research Publications
During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.
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 …
Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen
Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen
Laws and Legislation Collection
Animal protection statutes are of course extremely valuable, and they might be made even more so if they were formulated to give private rights of action to their beneficiaries--the animals themselves. But what I would like to explore here is the idea of extending common law rights of action to animals. Admittedly, permitting animals to sue in contract and tort now seems fanciful, but my hope is that this article will provide an initial step toward bringing it about.
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Surrogate Gestation And The Protection Of Choice, Louise E. Graham
Law Faculty Scholarly Articles
Proponents of surrogate gestation contracts base their case on both the constitutional privacy rights of persons involved in the contract and the notion that contractual agreements are capable of sufficiently protecting all interests involved. This article first speculates on how courts might handle surrogate gestation contracts under existing laws and offers arguments for and against such contracts. Although some commentary on the contractual aspect of the agreement exists, little attention has been given to the privacy arguments of the parties. The major focus of this article, therefore, is upon the nature of the privacy claims asserted by the prospective parents …
The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen
The Relationship Of Contractual Remedies To Political And Social Status: A Preliminary Inquiry, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper has, then, two major themes. In the first part I hope to elucidate the relationship of political, legal, and social status associated with land ownership to the unique legal remedies - specific performance and non-recovery of damages - which society created in respect to exchanges of land (and thus exchanges of status) for money. In the conclusion I examine the transformation of legal rules applied to agreements in which labour is exchanged for money. If, in fact, property rules in contract evolved in response to the political, legal, and social attributes of land ownership, then one may be …
Comment On The Plain English Movement, David S. Cohen
Comment On The Plain English Movement, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The purpose of this comment is to demonstrate that plain English contracts may carry more risks than benefits; the approach may, in fact, present a regressive stage in the evolution of consumer law.
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
Articles
No abstract provided.
Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.
Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Representing The Landowner In Oil And Gas Leasing Transactions, John S. Lowe
Representing The Landowner In Oil And Gas Leasing Transactions, John S. Lowe
Faculty Journal Articles and Book Chapters
The publicity attendant upon the "energy crisis" confronting the United States and increasing prices for oil and gas have induced growing percentages of landowners or mineral interest owners' and oil and gas operators negotiating oil and gas leasing transactions to seek legal counsel at some point in their negotiations. An oil and gas operator usually consults either staff legal counsel or a law firm which represents other oil and gas operators, so that as a general rule operators are served by legal counsel who are familiar with the problems involved in leasing transactions and with the particular characteristics of their …
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.
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.
Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg
Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg
Law Faculty Scholarly Articles
Article Nine of the Uniform Commercial Code generally facilitates individual autonomy in the creation of consensual security interests by imposing limited form and content requirements on security agreements. Private autonomy is subordinated, however, where the Article's draftsmen believed that certain other policies required a degree of regulation. Through the process of interpreting and applying a number of Code provisions which set forth the requirements for creating security interests, a court can effectuate what it considers to be the appropriate balance between facilitating the parties' intent to create a security interest and insuring that regulatory policies, such as protecting creditors and …
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Book Review. Transcending Covenant And Debt, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Kentucky Law Survey: Education, Carolyn S. Bratt
Kentucky Law Survey: Education, Carolyn S. Bratt
Law Faculty Scholarly Articles
This article provides a survey of Kentucky case law on the topic of education. During the past survey year, the Kentucky Court of Appeals decided several cases in which public education was the common denominator. Developments occurred in the areas of student discipline, merger of first class city-county school districts, and due process requirements for removal of tenured teachers. The most significant case, however, was Dorr v. Fitzer, which involved the authority of a county board of education to reject, without cause, a school superintendent's recommendation that a teacher with four consecutive limited service contracts be granted a continuing …
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.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Preliminary Note: Greece-Litton Industries: Agreement For The Development Of Crete And The Western Peloponnesos, A. A. Fatouros
Preliminary Note: Greece-Litton Industries: Agreement For The Development Of Crete And The Western Peloponnesos, A. A. Fatouros
Articles by Maurer Faculty
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.
Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn
Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn
Faculty Scholarship
No abstract provided.
Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.
Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.
Faculty Scholarship
No abstract provided.
Contracts And Sales, Joseph Curtis
Contracts (1965), Frederick M. Hart
Contracts (1965), Frederick M. Hart
Faculty Scholarship
§6.1. General. The most important development of the decade in contract law has been the gradual acceptance of the Uniform Commercial Code. Now, as over forty states have adopted the Code, another significant task is being undertaken: a revision of the Restatement of Contracts. A hurried reading of the first hundred-odd sections prompts a few general and tentative observations.
Contracts And Sales, Joseph Curtis