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Full-Text Articles in Law
Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky
Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky
Juliet P Kostritsky
Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …
Crimes That Count Twice: A Reexamination Of Rico's Nexus Requirements Under 18 U.S.C. §§ 1962(C) And 1964(C), Randy D. Gordon
Crimes That Count Twice: A Reexamination Of Rico's Nexus Requirements Under 18 U.S.C. §§ 1962(C) And 1964(C), Randy D. Gordon
Faculty Scholarship
The complicated structure of the Racketeering Influenced and Corrupt Organizations Act makes it difficult to determine when “ordinary” crimes spill over into RICO violations. This Article examines and synthesizes various “nexus” requirements that courts have devised to separate non-RICO crimes from full-blown RICO violations. The Article concludes with a discussion of the United States Supreme Court’s recent holding in Anza v. Ideal Steel Supply Corporation, 126 S. Ct. 1991 (2006), which sharply limits certain types of civil RICO claims.
Texts, Lies, And Changed Positions, Judith D. Fischer
Texts, Lies, And Changed Positions, Judith D. Fischer
Judith D. Fischer
This review of Judge Richard Posner's Little Book of Plagiarism concludes that the book adds to the discussion of plagiarism by noting the topic’s gray areas and proposing criteria for identifying plagiarism. Posner states that plagiarism occurs when a writer who copies another's language or ideas both conceals the copying and induces readers' reliance. By discussing plagiarism in different settings, including novels, court opinions, professors' work, and student work, the book shows why analysis of the offense and its consequences must be nuanced. Professors should be warned that in places Posner seems to minimize the gravity of student copying, especially …