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Full-Text Articles in Law
Reviving Proxy Marriage, Andrea B. Carroll
Reviving Proxy Marriage, Andrea B. Carroll
Andrea Beauchamp Carroll
Marriage is merely a contract. It creates myriad rights and responsibilities - essentially conferring a status - but the American states recognize without exception that the parties’ relationship is at base nothing more than a contractual one. Still, modern society has elevated the marriage contract above all others. This distinction has overwhelmingly focused on the very personal nature of the marital relationship, a feature nonexistent in the arms-length contractual dealings with which we are accustomed to working when applying contract law. As a result, marriage is subject to a number of requirements, even at the level of contractual formation, which …
The Contours And Composition Of Agency Doctrine: Perspectives From History And Theory On Inherent Agency Power, Deborah A. Demott
The Contours And Composition Of Agency Doctrine: Perspectives From History And Theory On Inherent Agency Power, Deborah A. Demott
Faculty Scholarship
This Essay explores the history of formulations of agency doctrine, arguing that agency law can best be rationalized as a distinctive subject by recognizing that an agent acts as an extension of the principal. The Essay relies on historical material related to the drafting of the Restatements of Agency, the disagreements among Reporters and other participants about the contours agency law, and the intellectual backdrop against which these experts worked. Their disputes, preceded as they were by challenges to the fundamental coherence of agency law, led to successive formulations of agency doctrine; while attempting to provide a comprehensive level of …