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Articles 1 - 8 of 8
Full-Text Articles in Law
Private Contracting And Business Models Of Electronic Commerce, Ichiro Kobayashi
Private Contracting And Business Models Of Electronic Commerce, Ichiro Kobayashi
University of Miami Business Law Review
No abstract provided.
Applying 42 U.S.C. Section 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
Applying 42 U.S.C. Section 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson
ExpressO
This Comment explores several interesting legal questions regarding the proper interpretation 42 U.S.C. Section 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. It explores how the Fifth Circuit’s and other federal courts’ narrow interpretation of section 1981’s application in a retail setting, which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchase, is contrary to the statute’s express language, Congressional intent, and to evolving concepts of contract theory, all of which encompass our society’s deep commitment to combating racial discrimination through strict enforcement …
Symposium- Incomplete Contracts: Judicial Responses, Transaction Planning, And Litigation Strategies - Introduction, Juliet P. Kostritsky
Symposium- Incomplete Contracts: Judicial Responses, Transaction Planning, And Litigation Strategies - Introduction, Juliet P. Kostritsky
Case Western Reserve Law Review
No abstract provided.
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Washington and Lee Law Review
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston 's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the undertheorized quality of Williston 's …
Inequality Of Bargaining Power, Daniel D. Barnhizer
Inequality Of Bargaining Power, Daniel D. Barnhizer
University of Colorado Law Review
No abstract provided.
Contractual Incompleteness: A Transactional Perspective, Avery W. Katz
Contractual Incompleteness: A Transactional Perspective, Avery W. Katz
Case Western Reserve Law Review
No abstract provided.
Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis
Incomplete Contracts And The Theory Of Contract Design, Robert E. Scott, George G. Triantis
Case Western Reserve Law Review
No abstract provided.
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
A Realistic Proposal For The Contract Duress Doctrine, Grace M. Giesel
West Virginia Law Review
No abstract provided.