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Contracts

1997

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Institution
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Articles 1 - 15 of 15

Full-Text Articles in Law

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman Oct 1997

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.


The Southeastern Water Compact, Panacea Or Pandora's Box? A Law And Economics Analysis Of The Viability Of Interstate Water Compacts, David Copas Jun 1997

The Southeastern Water Compact, Panacea Or Pandora's Box? A Law And Economics Analysis Of The Viability Of Interstate Water Compacts, David Copas

William & Mary Environmental Law and Policy Review

No abstract provided.


Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh May 1997

Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh

William & Mary Law Review

No abstract provided.


Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii Jan 1997

Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii

Faculty Publications

This paper examines some of the assumptions on which many contemporary assessments of defense counsel's relationship with the insurer and the policyholder rest, contends that some of the current turmoil in this area is traceable to shaky assumptions, and argues that the drafting of clearer liability insurance contracts would add stability to the relationships. Part I briefly describes the current uncertainty confronting policyholders and defense counsel. Part II explores what the most widely-used liability insurance contracts say about the responsibilities of insurance defense counsel, examining both the context in which these policies are sold and the texts themselves. It ...


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Jan 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Boston College Law School Faculty Papers

The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage ...


Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins Jan 1997

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that ...


Reconstructing Langdell, W. Burlette Carter Jan 1997

Reconstructing Langdell, W. Burlette Carter

GW Law Faculty Publications & Other Works

This article traces the development of the modern American law school curriculum including the case method, as designed by Christopher Columbus Langdell and the Socratic method as implemented by James Barr Ames; discusses early tensions between law schools and the American Bar Association and the ultimate triumph of law schools as the primary method of law study and frames the Langdell legacy for a modern time.


Reviving Jacob And Youngs, Inc. V. Kent: Material Breach Doctrine Reconsidered, Amy B. Cohen Jan 1997

Reviving Jacob And Youngs, Inc. V. Kent: Material Breach Doctrine Reconsidered, Amy B. Cohen

Faculty Scholarship

Determining whether a material breach has occurred under current law involves a weighing of several factors, a determination that often seems either completely without logic or precision, or self-evident and conclusory. Thus, parties are left not knowing what to do and what risks they may be assuming. The problem with the current application of material breach doctrine is in large part a result of an absence of focus. The courts apply the test without articulating any foundation or context on which it is based. The law in this area could be much improved if courts would return to Judge Cardozo ...


Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker Jan 1997

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson Jan 1997

A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson

Seattle University Law Review

By any measure, Farnsworth & Young's <em>Cases and Materials on Contracts</em> is one of the leading American casebooks on contracts, perhaps the leading casebook. Part I of this Review considers the book's merits as a tool for teaching contract doctrine. In this respect the book excels. Part II considers it as a tool for introducing students to broader perspectives on contract law. In this respect the book's success is somewhat less complete.


Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly Jan 1997

Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly

Seattle University Law Review

Randy Barnett's Contracts, Cases and Doctrine presents a relatively straightforward set of teaching materials, aptly chosen for modern teaching techniques. Careful exposition of fundamentals permits professors to use class time more productively. The concentration on fundamentals also frees the professor to choose the specific elaborations she finds most valuable for the class or the material.


An Agnostic's Bible Contract And Related Obligation: Theory, Doctrine, And Practice, 3d Edition By Robert S. Summers And Robert A. Hillman, Sidney W. Delong Jan 1997

An Agnostic's Bible Contract And Related Obligation: Theory, Doctrine, And Practice, 3d Edition By Robert S. Summers And Robert A. Hillman, Sidney W. Delong

Seattle University Law Review

A casebook's warranties appear in its preface. In their Preface to the First Edition, the authors of Contract and Related Obligation (CRO) undertook to do the following: (1) acquaint the student with the lawyer's role in contractual relations; (2) stress the “private-made” character of much of what we call law; (3) expose students to many different theories about contract; (4) renew the waning practice of “dialectical” teaching by using largely unedited principal cases, and by eschewing summaries and textual notes; (5) reveal the many extra-legal sources of law, including moral, political, and economic reasoning; and (6) offer more ...


Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy Jan 1997

Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy

Seattle University Law Review

In discussing the choice of Barnett's casebook, this Review focuses on two central pedagogical goals, and describe how Barnett's casebook has either helped or hindered the reviewer's ability to accomplish those goals. Those goals are to actively assist students in (1) learning basic (accepted) contract doctrines and methods of analyzing contract issues; and (2) developing a critical stance toward law in general, and contract law in particular.


The Counterpoise Of Contracts: The Reasonable Person Standard And The Subjectivity Of Judgment, Larry A. Dimatteo Jan 1997

The Counterpoise Of Contracts: The Reasonable Person Standard And The Subjectivity Of Judgment, Larry A. Dimatteo

South Carolina Law Review

No abstract provided.


An Economic Analysis Of The Guaranty Contract, Avery W. Katz Jan 1997

An Economic Analysis Of The Guaranty Contract, Avery W. Katz

Faculty Scholarship

Guaranty arrangements, in which one person stands as surety for a second person's obligation to a third, are ubiquitous in commercial transactions and in commercial law. In recent years, however, scholarly attention to the topic has been scant; and there is still no theoretical treatment of this body of law or practice from a economic policy perspective. This paper, accordingly, attempts to outline the basic economic logic underlying the guaranty relationship, and applies the results to a variety of specific issues in government policy and private planning. It poses and answers three main questions: First, why would a creditor ...