Law Commons^™

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Winner, Best Appellate Brief In The 1998 Native American Law Student Association Moot Court Competition, Elaine Smith, Angelina Okuda-Jacobs

American Indian Law Review

No abstract provided.

Regulating Dispute Resolution Provisions In Adhesion Contracts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll

Faculty Scholarship

No abstract provided.

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

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

William & Mary Law Review

No abstract provided.

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 general insights …

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 …

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

Scholarly Articles in Law Reviews & 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

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

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.

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

South Carolina Law Review

No abstract provided.

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 …

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 …

The Role Of A Central Bank In A Bubble Economy, Geoffrey P. Miller

Cardozo Law Review

In recent years, price bubbles appear to have developed in the real estate markets in several developed economies, including the United States, Australia, the United Kingdom, the Nordic countries, and Japan. Often these price increases in land have been accompanied by rapid run-ups in the price of equity securities in the domestic market. Because of the importance of real estate and equity security prices to economic activity, real estate and share price bubbles can damage the economy if they break and lead to price crashes.

Executory Contracts And Performance Decisions In Bankruptcy, Jesse M. Fried

Duke Law Journal

No abstract provided.

State Law Of Contract Formation In The Shadow Of The Federal Arbitration Act, Traci L. Jones

Duke Law Journal

No abstract provided.

Contract Law, Bryan L. Walpole Iii

South Carolina Law Review

No abstract provided.

Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy

Dalhousie Law Journal

Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized …

Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz

William & Mary Bill of Rights Journal

Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.

Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley

William & Mary Bill of Rights Journal

Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …

The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel

William & Mary Bill of Rights Journal

No abstract provided.

Habermas And The Postal Rule, Peter Goodrich

Cardozo Law Review

It seems somewhat churlish at the end of so much discussion, at the terminus of the circulation of so extensive a commentary and critical appraisal of a single text, to offer further doubts, to intimate certain additional, and worse, extraneous criticisms of Jurgen's contribution to jurisprudence. Nonetheless, there is a tangible theme of misunderstanding, noncomprehension, and failed communication that has accompanied the debate in this conference and can act as the proximate emblem of the following intervention. This essay will simply suggest that there is little in Habermas's study of legal discourse and of the conditions under which the rule …

Blackfeet Indian Tribe, Et Al. V. Lodgebuilder Mngmt. Inc., 95-Ca-417 (Blkft. Tr. Ct., Feb. 28, 1996), Blackfeet Tribal Court

Court Decisions

• In the Blackfeet Tribal Court, the court determined whether a defendant, Lodgebuilder, must provide the tribe with a warranty deed, pursuant to their agreement, despite the lack of cooperation from the tribe to comply with the Montana Subdivision and Platting Act.  

• The Court determined that the Act is the law of the State of Montana, not the Blackfeet Indian reservation. Lodgebuilder is a Blackfeet chartered business, and the president of Lodgebuilder is an enrolled member, doing business on the reservation. Therefore, the Tribal Court has exclusive jurisdiction over this action. Williams v. Lee, 358 U.S. 217 (1959), Fisher v. Dist. …

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Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …