Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (7)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Michigan Law School (5)
- University of San Diego (4)
- Columbia Law School (3)
-
- Maurer School of Law: Indiana University (3)
- UIC School of Law (3)
- American University Washington College of Law (2)
- Notre Dame Law School (2)
- Singapore Management University (2)
- University of Kentucky (2)
- University of Oklahoma College of Law (2)
- University of Pittsburgh School of Law (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Osgoode Hall Law School of York University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University of Colorado Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Montana (1)
- University of Richmond (1)
- University of Tulsa College of Law (1)
- Vanderbilt University Law School (1)
- Villanova University Charles Widger School of Law (1)
- Keyword
-
- Contracts (11)
- Uniform Commercial Code (7)
- Insurance (4)
- UCC (4)
- Contract law (3)
-
- Good faith (3)
- Liability (3)
- Performance (3)
- Article 2 (2)
- Auto accident (2)
- Beneficiaries (2)
- Contract (2)
- Coverage (2)
- ERISA (2)
- Equity (2)
- Insured (2)
- Insurer (2)
- Internet (2)
- Life insurance (2)
- Memphis Cotton Exchange (2)
- Motorist benefit (2)
- Negotiation (2)
- Policy (2)
- Policyholder (2)
- Reliance (2)
- Restitution (2)
- Southern Mill Rules (2)
- Sovereign immunity (2)
- Transaction (2)
- UCITA (2)
- Publication
-
- Scholarly Works (5)
- Articles (4)
- Faculty Scholarship (4)
- San Diego Law Review (3)
- American Indian Law Review (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Bruce M Price (2)
- Continuing Legal Education Materials (2)
- Faculty Publications (2)
- Indiana Law Journal (2)
- Journal Articles (2)
- Michigan Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- UIC Law Open Access Faculty Scholarship (2)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Law Review Articles (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Gastón Fernández Cruz (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Ivo Teixeira Gico Jr. (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Law Faculty Articles and Essays (1)
- Michigan Telecommunications & Technology Law Review (1)
- Nevada Law Journal (1)
- Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 62
Full-Text Articles in Law
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications By Year
No abstract provided.
Contracts-Breach Distinguished From Rescission
Contracts-Breach Distinguished From Rescission
Indiana Law Journal
No abstract provided.
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.
Contract Reconceived, Peter A. Alces
Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden
Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden
Washington and Lee Law Review
No abstract provided.
Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin
Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston
Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston
Michigan Law Review
Professor Bernstein's study of the interaction between private law and norms in the cotton industry is the latest installment in her ongoing investigation into the relationship between law and norms in trades ranging from the diamond market to grain and feed markets. Her incredibly detailed and thorough exploration of private lawmaking and commercial norms - and their interaction - stands as one of the most significant contributions to contract and commercial law scholarship made in the last half-century. The cotton industry study upon which I focus in this Comment not only reports fascinating findings about dispute resolution practices, but also …
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Michigan Law Review
The cotton industry has almost entirely opted out of the public legal system, replacing it with one of the oldest and most complex systems of private commercial law. Most contracts for the purchase andsale of domestic cotton, between merchants or between merchants andmills, are neither consummated under the Uniform Commercial Code("Code") nor interpreted and enforced in court when disputes arise. Rather, most such contracts are concluded under one of several privately drafted sets of contract default rules and are subject to arbitration in one of several merchant tribunals. Similarly, most international sales of cotton are governed neither by state-supplied legal …
Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz
Gastón Fernández Cruz
No abstract provided.
Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace
Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace
San Diego International Law Journal
This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald
Indiana Law Journal
No abstract provided.
3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.
When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo
When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
There are two aspects to the common law doctrine of privity of contract. The first, that a contract cannot impose liabilities on a third party, is not very controversial. The second, that in general a contract can only confer rights on parties to the contract even if it is clearly the intention of the contracting parties to benefit a third party, is highly controversial, and has been the subject of much judicial criticism.
A Tale Of Two Creditors Under The Desultory Lien Creditor And Future Advances Provisions Of Revised Article 9, Natalie Cox
A Tale Of Two Creditors Under The Desultory Lien Creditor And Future Advances Provisions Of Revised Article 9, Natalie Cox
Nevada Law Journal
No abstract provided.
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
Faculty Scholarship
No abstract provided.
Performance Risk, Form Contracts And Ucita, Leo L. Clarke
Performance Risk, Form Contracts And Ucita, Leo L. Clarke
Michigan Telecommunications & Technology Law Review
No scholarly commentator has suggested that the form contract rules provide a satisfactory answer to the commercial problem of performance risk. So, one might think that the dawn of the "information economy" would be a propitious time to implement a new doctrinal approach. Apparently not: the National Conference of Commissioners on Uniform State Laws (the "Conference") has promulgated a comprehensive commercial statute that fails to remedy or even modify the law of form contracts in purely commercial transactions. The Uniform Computer Information Transactions Act ("UCITA")--drafted to provide the background law for many of the most significant transactions in the information …
Just Say The "Magic Words": Advocating An Arbitration Clause Should Be Held To An Express Waiver Standard For The Doctrine Of Indian Sovereign Immunity--C&L Enterprises V. Citizen Band Potawatomi Indian Tribe, Jeremy Clinefelter
American Indian Law Review
No abstract provided.
New Horizons In Cartel Detection, Jonathan Baker
New Horizons In Cartel Detection, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
Payment Methods For Consumer-To-Consumer Online Transactions, 35 Akron L. Rev. 1 (2001), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Downtown Code: A History Of The Uniform Commercial Code 1949-1954, 49 Buff. L. Rev. 359 (2001), Allen R. Kamp
Downtown Code: A History Of The Uniform Commercial Code 1949-1954, 49 Buff. L. Rev. 359 (2001), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson
UIC Review of Intellectual Property Law
Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Scholarly Articles
No abstract provided.
Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell
Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell
Faculty Law Review Articles
This article considers whether providing additional content to the concept of good faith in the area of contract modification is possible or desirable. The article explores the modification puzzle and the issues of erratic justice that result from the nebulous nature of the UCC test, and evaluates an alternative test (the sequential approach) that scrutinizes each step of the modification process and imports the standard of reasonable grounds into this context.
Part II discusses terminology and fundamental concepts in this area of law, including the reasons for seeking a modification, the steps of a modification, and the typical defense to …
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
Publications
This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong
Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong
Faculty Articles
This Article examines the recent doctrinal shift from realist jurisprudence to the “new formalism” as it arises in the creation of contract obligation. Many recent decisions involving promissory estoppel appear to display a trend away from reliance protection in the commercial world. While these decisions are formalist insofar as they favor textual forms over contextual forms, the Author argues that this trend is more properly characterized as a realist effort. This Article examines promissory estoppel in the commercial world and suggests that the “new formalism”, driven by the most “realist” of motives, will expunge liability for promissory estoppel in the …
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Articles in Law Reviews & Other Academic Journals
This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
American Indian Law Review
No abstract provided.
Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
University of Richmond Law Review
This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …