Law Commons^™

Real Property: 1992 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.

Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne

Dalhousie Law Journal

This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …

Ramirez V. Fair Grounds Corporation: The Harm In Holding Harmless, Neal Joseph Kling

Louisiana Law Review

No abstract provided.

Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh

LLM Theses and Essays

Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …

Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer

Cornell Law Review

No abstract provided.

The Art Of Contract Negotiation, David B. Falk

Marquette Sports Law Review

No abstract provided.

Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

Erisa: Jury Trial Mandated For Benefit Claims Actions, George Lee Flint Jr

Faculty Articles

When the United States Supreme Court faces the issue of fashioning a federal common law of ERISA, some district courts have suggested it will decide in favor of the right to a jury trial for benefits-due lawsuits. Legislative history indicates that Congress views the benefits-due lawsuit as contractual, realizing both state and federal courts treat them as contractual under pre-ERISA law, even LMRA, and expressly intended to increase the legal remedies under benefits-due lawsuits. Contractual legal remedies require the right to a jury trial. However, even in the absence of legislative history, constitutional provisions mandate a jury trial. This is …

South Carolina Employers' Contractual Liability To Atwill Employees: The Present State And Future Course Of The Small Cause Of Action, Brian Murphy

South Carolina Law Review

No abstract provided.

The Do-Nothing Offeree: Some Comparative Reflections, Michael Ansaldi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Dedication To Professor Edward Yorio

Fordham Law Review

The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …

The Last Promissory Estoppel Article, Jay M. Feinman

Fordham Law Review

In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …

Minor Changes: Emancipating Children In Modern Times, Carol Sanger, Eleanor Willemsen

Faculty Scholarship

Parents and their teenage children don't always get along. At some time during adolescent development, parents may turn into embarrassments and teenagers into domestic terrorists. For most families this is a phase. Adolescence is endured, the child accomplishes some degree of separation from parents, and the transition to adulthood advances.

In some families, however, the period is more like a siege than a phase. Conflict may last longer and be more strifeful, more intense. If the family is incapable or unwilling to resolve the tensions, an intractability may set in. In these cases, domestic tranquility seems attainable only when the …

Access To "Private" Documents Under The Public Records Act, Robert Rivas

Nova Law Review

Richard Roe described himself to his interviewers. "Square,

loner-not with crowd."' If he could live his life over, he would "eat

less fast, be instantly likeable and charming, [and] lose 20 pounds."

Construction Law: 1991/1992 Survey Of Florida Law, Larry R. Leiby

Nova Law Review

There were several appellate decisions concerning construction law from mid - 1991 through mid 1992.

Real Property: 1992 Survey Of Florida Law, Ronald Benton Brown

Nova Law Review

This survey examines cases of the Florida Supreme Court which should be of particular interest to the real estate lawyer or real estate professional.