Law Commons^™

Past Performance As An Evaluation Factor In Public Contract Source Selection , William W. Goodrich_Jr.

American University Law Review

No abstract provided.

Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness

Law Faculty Scholarly Articles

When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Fordham Law Review

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in years 1998 and 1999.

The Doctrine Of Equivalents After Hilton Davis And Markman, And A Proposal For Further Clarification, Werner Stemer

Nova Law Review

In March 1997, the United States Supreme Court issued its decision in

Warner-Jenkinson Co. v. Hilton Davis Chemical Co. ("Hilton Davis I/,)'

which had been eagerly anticipated in the intellectual property

community.

Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel

Scholarly Works

A complete and open embrace of the pure version of the doctrine as enunciated in Judge Keeton's famous article--which expressly provides for finding coverage consistent with the objectively reasonable expectations of the policyholder even where those expectations are contradicted by apparently clear policy language --is viewed by much of the legal and political mainstream as too inconsistent with the prevailing American paradigm of judicial restraint, strict construction of disputed texts, and minimal government involvement in market activity. Some of this resistance to reasonable expectations is the product of an unrealistic reification of the prevailing American politico-legal philosophy of judicial restraint. …

Reconstructing Construction Law: Reality And Reform In A Transactional System, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the legal framework including codification, a Restatement and more narrowing tailored legislation. He also discusses the critical role played by families of contracts and mechanisms for the management of relational conflict.