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Full-Text Articles in Law

Contract Law Is Not Enough: The Many Legal Institutions That Support Contractual Commitments, Gillian K. Hadfield Nov 2006

Contract Law Is Not Enough: The Many Legal Institutions That Support Contractual Commitments, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …


Presenter, Tenth Circuit Judicial Conference., Bruce Price Aug 2006

Presenter, Tenth Circuit Judicial Conference., Bruce Price

Bruce M Price

No abstract provided.


In Memoriam – Monroe L. Inker: 1925-2006, Sanford N. Katz May 2006

In Memoriam – Monroe L. Inker: 1925-2006, Sanford N. Katz

Sanford N. Katz

No abstract provided.


A City Without Duty, Fault, Or Shame, Scott Fitzgibbon Dec 2005

A City Without Duty, Fault, Or Shame, Scott Fitzgibbon

Scott T. FitzGibbon

This book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles', arguably the most sweeping proposal for family law reform attempted in the U.S. over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal …


Mastering The Law School Exam : A Practical Blueprint For Preparing And Taking Law School Exams, Suzanne Darrow-Kleinhaus Dec 2005

Mastering The Law School Exam : A Practical Blueprint For Preparing And Taking Law School Exams, Suzanne Darrow-Kleinhaus

Suzanne Darrow Kleinhaus

Mastering the Law School Exam is designed to provide students with a knowledgeable, reasonable, and rational voice to navigate the intricacies of law school exams. This book is practical rather than theoretical where the emphasis is on providing the type of detailed examples necessary to show students precisely ?how to do it? and ?how to write it.? By working with numerous illustrations in the context of substantive law, students learn to: Fill the gap between what the professor refers to as learning to ?think like a lawyer? and the actual means for doing so. Create a successful path from note-taking …


Tradition And Europeanization In Italian Law: The New Path Of European Law. A Review To A Recent Book Of Professor Guido Alpa, Antonio Lordi Dec 2005

Tradition And Europeanization In Italian Law: The New Path Of European Law. A Review To A Recent Book Of Professor Guido Alpa, Antonio Lordi

antonio lordi

No abstract provided.


Valori Etici E Principio Di Complementarità Tra Sistemi Giuridici, Antonio Lordi Dec 2005

Valori Etici E Principio Di Complementarità Tra Sistemi Giuridici, Antonio Lordi

antonio lordi

No abstract provided.


The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon Dec 2005

The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon

Scott T. FitzGibbon

This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …


Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein Dec 2005

Texas Supreme Court Denies Student-Athlete's Property Right Claim, Adam Epstein

Adam Epstein

Discussion of the case involving swimmer Joscelin Yeo and the troubles she faced involving NCAA rules when trying to transfer from UC-Berkeley to UT-Austin between 2000-2001. The decision went to the Texas Supreme Court ruling against her and in support of NCAA transfer rules.


Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev Dec 2005

Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

-This article is in Hebrew-

The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …


Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein Dec 2005

Book Review: Sports Law: Cases, Documents, And Materials, Adam Epstein

Adam Epstein

Book Review of Walter T. Champion's 2005 textbook.


The Adea And Sports Law, Adam Epstein Dec 2005

The Adea And Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide insight into age issues in sports law and its relationship to the Age Discrimination in Employment Act of 1967 (ADEA), a federal law. There are a few published decisions involving the ADEA in the sports setting. However, there are some cases involving claims by coaches, support staff and administrators who allege they were terminated unlawfully based upon age discrimination. Part I presents a comprehensive overview of the ADEA including defenses to a claim of age discrimination. Part II offers relevant cases with regard to the ADEA and its evolution including the few …


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii Dec 2005

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.