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Contracts

1997

Series

Articles 1 - 7 of 7

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.

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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's …

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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 …

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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 stockholders, themselves, …

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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 contends …

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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.

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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.

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