Law Commons^™

Contract Law, Rachel S. Decker

South Carolina Law Review

No abstract provided.

Enforcing Coasian Bribes For Non-Price Benefits: A New Role For Restitution, Wendy J. Gordon, Tamar Frankel

Faculty Scholarship

In Boomer v. Muir,¹ a subcontractor on a hydroelectric project continued to provide goods and services even though the value of the performance far exceeded the contract price. The general contractor, who was receiving these goods and services, breached the contract even though he was paying less than market price for them.²

In many states, a supplier in the subcontractor's position has among her options the choice of "rescission and restitution."³ That means the supplier may rescind the contract and seek, under the label of "restitution", payment set at market price (or at her cost)⁴ for …

Waning Of Promissory Estoppel , Phuong N. Pham

Cornell Law Review

No abstract provided.

Attorney Liability For Assisting Clients With Wrongful Conduct: Established And Emerging Bases Of Liability, J. Randolph Evans, Ida Patterson Dorvee

South Carolina Law Review

No abstract provided.

Conservation Reserve Program: What Happens To The Land After The Contracts End?, Raymond J. Watson Jr.

Northern Illinois University Law Review

This article addresses the fact that under the Conservation Reserve Program (CRP), farmers have idled millions of environmentally sensitive acres of farmland for ten and sometimes fifteen years by entering into contracts with the USDA. In the 1985 farm bill, while creating the CRP, Congress also began strict regulation of highly erodible land and wetlands. The author attempts to answer whether the land under the CRP contracts will be subject to different regulations upon termination or expiration of the contracts than if the farmers had continued to farm the land.

Freedom Of Contract: The Trojan Horse Of Rule 10b-5, Margaret V. Sachs

Washington and Lee Law Review

No abstract provided.

Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer

William & Mary Law Review

No abstract provided.

Contracts In Wonderland: A Fable Regarding The Administrative Adjudication Of Qualifying Facility Contracts In California, Arturo Gandara

San Diego Law Review

This Article is a call for reconsideration of the practice and judicial sanction of the administrative adjudication of contracts. It conducts a detailed examination of the adjudication of Qualifying Facility contracts by rate regulatory agencies. The broader case regarding the adjudication of contracts by administrative agencies is made to reveal the dimensions of matters of governance implicated by agency adjudication of contracts. The author concludes that regulatory bodies do not serve the best economic interests of society by adjudicating contract disputes.

Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces

William & Mary Law Review

No abstract provided.

Contract Formation And Modification Under Revised Article 2, Richard E. Speidel

William & Mary Law Review

No abstract provided.

The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.

William & Mary Law Review

No abstract provided.

Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison

William & Mary Law Review

No abstract provided.

Wrong Side Of The Mountain: A Comment On Bad Faith's Unnatural History, Robert H. Jerry Ii

Faculty Publications

In this Comment, I will argue that courts have ignored bad faith's contractual heritage and have undervalued contract law's ability to respond to insurer misconduct. To draw upon Professor Powers's thoughtful analysis, I believe that courts invoked the tort paradigm before it was clear that the contract paradigm was inadequate. For lack of data, I will stop short of recommending where we should go from here, but I will suggest that our behavior in the face of bad faith liability in tort may have changed no less than the environment and that the perceived relative calm in the tort's current …

Growing A Legal System In The Post-Communist Economies, Paul H. Rubin

Cornell International Law Journal

No abstract provided.

Upon Leaving A Firm: Tell The Truth Or Hide The Ball, Charles E. Cantú, Jared Woodfull V

Faculty Articles

Over the last fifteen years, two divergent common law views have emerged regarding the enforceability of noncompetition clauses between attorneys. The first is exemplified by two Oregon appellate cases and the landmark New York Court of Appeals’ decision, Cohen v. Lord, Day & Lord, whereby noncompetition clauses between attorneys were found void as against public policy. The second adopts a contrary opinion, questioning the conventional wisdom that those who seek legal advice must be afforded the broadest possible choice of counsel.

At present, a balancing test is used to reject the per se impermissibility of noncompetition clauses between lawyers. However, …

A Pragmatic Strategy For The Scope Of Sales Law, The Statute Of Frauds, And The Global Currency Bazaar, Raj Bhala

Faculty Publications

No abstract provided.

Consequential Damages For Commercial Loss: An Alternative To Hadley V. Baxendale, Thomas A. Diamond, Howard Foss

Fordham Law Review

No abstract provided.

Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi

Michigan Journal of International Law

The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …

A Contractual Approach To Data Privacy, Stephanos Bibas

All Faculty Scholarship

No abstract provided.