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Full-Text Articles in Law
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
All Faculty Scholarship
The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
Is The Cisg Benefiting Anybody?, Gilles Cuniberti
Is The Cisg Benefiting Anybody?, Gilles Cuniberti
Vanderbilt Journal of Transnational Law
The Convention on Contracts for International Sale of Goods (CISG) was supposed to increase legal certainty and reduce the transaction costs of international buyers and sellers. This Article argues that none of these goals has been met. A survey of 181 court decisions and arbitral awards applying the CISG shows that the vast majority of international buyers and sellers do not address the issue of the law governing their contracts, irrespective of the value at stake. Although the data is not easy to interpret, it follows that international buyers and sellers are simply not concerned with the legal regime governing …