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Full-Text Articles in Law

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely Oct 2001

Distilling The Essence Of Contract Terms: An Anti-Antiformalist Approach To Contract And Employment Law, Rafael Gely

Faculty Publications

A look at the development of labor and employment law in the U.S. reveals one astonishing principle. There is an underlying assumption that employers own the time and activities of employees, and thus any change in the allocation of rights between employers and employees has to be justified against the “interference” with the rights of employers. For example, whenever legislation has been introduced intended to protect workers' rights, employers have argued that such protections will interfere with the right of employers to control their employees. This argument has been successfully made many times, and it has, I argue, shaped ...


Fort Belknap-Mt Compact Of 2001, Montana Apr 2001

Fort Belknap-Mt Compact Of 2001, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: No separate settlement agreement. Fort Belknap-Montana compact ratified. (MCA 85-20-1001) (April 16, 2001) Parties: Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, MT and US. The Tribes have right to 645 c/f/s from the Milk River and its tributaries upstream from Reservation diversion point with a priority date of October 17, 1855. Off-stream storage is limited to 60,000 a/f and up to 125 c/f/s is for irrigation and other historical purposes. Tribes have right to develop surface water in the Milk River Basin for livestock impoundments provided they don't use more than 30 a/f/y. Tribes have rights to surface water and its hydrologically connected groundwater in the Peoples Creek Basin; water may also be stored if kept within the Reservation; surface water is also available for livestock impoundments. Tribes have right to 8,024 a/f/y in surface of Beaver Creek Basin and groundwater hydrologically connected to surface for irrigation use. Tribes have right to water in the Missouri River Basin for non-irrigation purposes and may develop surface water for livestock (max 30 a/f/y impoundments.) Tribes have the following rights to off-reservation trust and fee lands in the Missouri and Peoples Creek Basins: 1,135 a/f/y for irrigation (priority date July 24, 1893), 1 ...


Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus Apr 2001

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus

Scholarly Works

No abstract provided.


Public Policy And Wrongful Discharge: The Continuing Tradegy Of Bigelow V. Bullard, J. Wade Kelson Mar 2001

Public Policy And Wrongful Discharge: The Continuing Tradegy Of Bigelow V. Bullard, J. Wade Kelson

Nevada Law Journal

No abstract provided.


The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri Jan 2001

The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.


Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman Jan 2001

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Faculty Scholarship

No abstract provided.


Contracting With Electronic Agents, Anthony J. Bellia Jan 2001

Contracting With Electronic Agents, Anthony J. Bellia

Journal Articles

Established contract doctrine provides no clear answer to the question whether exchanges arranged by the interaction of electronic agents are enforceable. This Article explores whether the law should enforce exchanges arranged by the interaction of electronic agents. It examine how normative theories of contractual obligation inform the issue, with an eye toward the strengths and weaknesses of each theory. The theories that most strongly support the enforcement of exchanges arranged by electronic agents, this Article explains, are those that ground contractual obligation in protecting the ability of individuals to pursue their reasonable objectives through reliable arrangements.


But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White Jan 2001

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley Jan 2001

A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley

Scholarly Works

This article traces the evolution of the doctrine of anticipatory repudiation from its foundations laid years before the landmark case of Hochster v. De la Tour, 118 Eng. Rep. 922 (Q.B. 1853), through Hochster, its growing acceptance by American courts in the late-1800s and early-1900s, its canonization in the first Restatement of Contracts (despite the Restatement's principal Reporter's personal objections to the doctrine), its codification in the Uniform Commercial Code, its standardization in the Restatement (Second) of Contracts, and its inclusion in the U.N. Convention on Contracts for the International Sale of Goods. This article devotes ...


Contract And Conflict Management, Thomas J. Stipanowich Dec 2000

Contract And Conflict Management, Thomas J. Stipanowich

Thomas J. Stipanowich

Despite the widespread use of mediation and other dispute resolution processes in the United States today, many members of the bench and bar - including those responsible for the drafting, interpretation and implementation of consensual dispute resolution provisions still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. Transactional lawyers, those in the best position to offer advice and counsel in the structuring of contractual conflict management options, tend to be less well informed than colleagues in what ...