Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Contracts (4)
- Law and Economics (3)
- Social and Behavioral Sciences (2)
- Litigation (1)
- Indigenous, Indian, and Aboriginal Law (1)
-
- Property Law and Real Estate (1)
- Organizations Law (1)
- Taxation-State and Local (1)
- Legislation (1)
- Business (1)
- Taxation (1)
- Law and Society (1)
- Law and Politics (1)
- Labor and Employment Law (1)
- Economics (1)
- Legal History (1)
- Commercial Law (1)
- Legal Ethics and Professional Responsibility (1)
- Business Organizations Law (1)
- Insurance Law (1)
- Antitrust and Trade Regulation (1)
- Secured Transactions (1)
- Science and Technology Law (1)
- Legal Education (1)
- Legal Writing and Research (1)
- Government Contracts (1)
- Leadership Studies (1)
- Institution
Articles 1 - 8 of 8
Full-Text Articles in Law
Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii
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 ...
Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins
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 ...
Reviving Jacob And Youngs, Inc. V. Kent: Material Breach Doctrine Reconsidered, Amy B. Cohen
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 ...
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
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 ...
Reconstructing Langdell, W. Burlette Carter
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.
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
An Economic Analysis Of The Guaranty Contract, Avery W. Katz
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 ...