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1989

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Full-Text Articles in Law

Contract Law, Default Rules, And The Philosophy Of Promising, Richard Craswell Dec 1989

Contract Law, Default Rules, And The Philosophy Of Promising, Richard Craswell

Michigan Law Review

Among the topics addressed by moral philosophy is the obligation to keep one's promises. To many philosophers, there is something strange (or, at least, something calling for explanatie1n) in the idea that moral obligations can be created simply by an individual's saying so yet this is what seems to happen when a person makes a promise. Consequently, there is by now a large body of literature attempting to identify the exact source and nature of this moral obligation.

Part I of this article presents a more detailed survey of recent philosophical writings about promises, for the benefit of legal readers …


Newsletter Vol.17 No.4 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Nov 1989

Newsletter Vol.17 No.4 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


And Then There Were None: Requirements Contracts And The Buyer Who Does Not Buy, Cheryl R. Guttenberg Oct 1989

And Then There Were None: Requirements Contracts And The Buyer Who Does Not Buy, Cheryl R. Guttenberg

Washington Law Review

In requirements contract cases where buyer has significantly reduced—or no—requirements, courts employ inconsistent reasoning, resulting in legal uncertainty and economically inefficient exchanges. This Comment proposes a more predictable, efficient rule that would allow buyer to reduce its requirements after giving seller a business reason for the reduction, placing the risk of reduced requirements explicitly on seller.


Newsletter Vol.17 No.3 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1989

Newsletter Vol.17 No.3 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang Sep 1989

Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Judgments at first instance have rarely been the subject of comment.' The recent decision of Steyn J in Singer Co (UK) Ltd v Tees and Hartlepool Port Authority,2 however, merits consideration for at least three reasons. First, it focuses upon important issues in the law of bailment, at least one of which has hitherto only been considered at first instance in any event. Secondly, the decision provokes thought on the much broader issue of the effect of exception clauses upon the general duty of care in tort, in particular whether the reasoning in the bailment context could be extended and …


Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr. Sep 1989

Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.

Scholarly Works

The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …


The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton Jul 1989

The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton

All Faculty Scholarship

No abstract provided.


Software Distribution Agreements And Bankruptcy: The Licensor's Perspective, J. Dianne Brinson Jul 1989

Software Distribution Agreements And Bankruptcy: The Licensor's Perspective, J. Dianne Brinson

Washington Law Review

This Article addresses a special problem within the software-industry—licensee bankruptcy and the need to protect the rights of licensors in the software. Although federal law now protects the rights of a software licensee in the technology when a licensor undergoes bankruptcy, little guidance exists as to the effects of licensee bankruptcy upon the software licensor. This Article thoroughly reviews the relevant bankruptcy and copyright law as they relate to the computer software area, and then discusses why a licensor should consider avoiding the possibility of a software license being treated as an executory contract. The author concludes by offering practical …


The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller Jun 1989

The Northwest Power Planning Council: A Model For Cooperative Planning In The Missouri Basin?, Gerald Mueller

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

16 pages.

Contains references.


A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches Jun 1989

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.


Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars Jun 1989

Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

11 pages.

Contains references.


The Missouri: River Of Promise Or River Of Peril?, John E. Thorson Jun 1989

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.


The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston Jun 1989

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.


Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson Jun 1989

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw Jun 1989

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.


The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson Jun 1989

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.


Arkansas River Controversy, David W. Robbins Jun 1989

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.


Interstate Allocation Of The Platte River, J. David Aiken Jun 1989

Interstate Allocation Of The Platte River, J. David Aiken

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

27 pages.

Contains references.


Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe Jun 1989

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf Jun 1989

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.


Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita Jun 1989

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester Apr 1989

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

Publications

This Article discusses whether, and to what extent, a broad-cast news employee may be bound by a contractual provision that purportedly relinquishes his right to contract subsequently for other employment. Specifically, this Article dis-cusses the applicable law of selected jurisdictions, critiques the rationale most often used in defending these covenants ("uniqueness of employee services"), reports the results of a survey regarding industry practices, and discusses the distinctions between legal enforceability and practical enforcement. Finally, this Article proposes changes in the law, including abandonment of the "unique services" rationale and adoption of specialized standards by which the validity of such contract …


Newsletter Vol.17 No.2 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Apr 1989

Newsletter Vol.17 No.2 1989, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.


Measuring The Unjust Enrichment In A Restitution, Howard Hunter Mar 1989

Measuring The Unjust Enrichment In A Restitution, Howard Hunter

Research Collection Yong Pung How School Of Law

Unjust enrichment is a theme common to most restitution cases in the United States. The theory of recovery is based on a justice principle the disgorgement of an unfairly obtained gain. The goal, in general, is to require the defendant to give up his gain rather than to compensate the plaintiff for a loss, as in a tort case, or to substitute damages for an unfulfilled expectancy, as in a contract case. This paper examines some of the issues that surround the measurement of the unjust enrichment and the defendant's liability. There are a number of straightforward rules for the …


Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham Jan 1989

Why Is There Taylor V. Caldwell - Thre Propositions About Impracticability, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson Jan 1989

Performance Obligations Of The Aggrieved Contractant: The French Experience, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Software Licenses As Personal Service Contracts, 9 Computer L.J. 491 (1989), Terrence W. Thompson Jan 1989

Software Licenses As Personal Service Contracts, 9 Computer L.J. 491 (1989), Terrence W. Thompson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler Jan 1989

Rowe V. State Bank Of Lombard: The Key To Unlocking A Landlord's Duty To Provide Security, 23 J. Marshall L. Rev. 131 (1989), Jeffrey Fowler

UIC Law Review

No abstract provided.


The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor Jan 1989

The Role Of The Family In Cadaveric Organ Procurement, Chad D. Naylor

Indiana Law Journal

No abstract provided.