Law Commons^™

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.

Equitable Conversion: The Effect Of A Hurricane On Real Estate Sales Contracts, Gary S. Gaffney

Nova Law Review

In August of 1992, Hurricane Andrew slammed the South Florida coast with winds clocked at over 160 miles per hour.

The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis

Marquette Sports Law Review

No abstract provided.

Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett

Marquette Sports Law Review

No abstract provided.

Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow

Northwestern Journal of International Law & Business

It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …

Negotiation Of Men's Basketball Contracts Abroad, David Adkins

Marquette Sports Law Review

No abstract provided.

Construction Contracts And Contractors: Hurricane Andrew Reteaches Consumers, Michael Flynn

Nova Law Review

In the early morning hours of August 24, 1992 the landscape of a large portion of South Florida changed.

Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher

Articles & Chapters

No abstract provided.

Remembering John Appel, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Real Property: 1992 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner

Cardozo Law Review

No abstract provided.

Death Of Contract And The Rise Of Tort , Robert H. Bork

Cornell Law Review

No abstract provided.

Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne

Dalhousie Law Journal

This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …

Ramirez V. Fair Grounds Corporation: The Harm In Holding Harmless, Neal Joseph Kling

Louisiana Law Review

No abstract provided.

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

The Do-Nothing Offeree: Some Comparative Reflections, Michael Ansaldi

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Access To "Private" Documents Under The Public Records Act, Robert Rivas

Nova Law Review

Richard Roe described himself to his interviewers. "Square,

loner-not with crowd."' If he could live his life over, he would "eat

less fast, be instantly likeable and charming, [and] lose 20 pounds."

Taxation Of Notional Principal Contracts: Implications For U. S. Persons, Myra J. Schlosberg

St. Thomas Law Review

This article will critically analyze current U.S. tax treatment of NPCs used in the ordinary course of business as asset and liability management tools. Examples are used to illustrate the principles stated within the article. The focus will be to suggest a rational and coherent tax treatment based on two tenets. First, a policy which treats similar financial instruments in a consistent manner should be adopted to avoid anomalous or tax favored results. This would address the intuitive sense amongst legislative and administrative tax authorities, as well as tax practitioners, that an efficient and equitable tax system should tax economically …

Oklahoma's Evolving Employment Law: Clarifying The At-Will Rule, Harry F. Tepker

Faculty Articles

No abstract provided.

Erisa: Jury Trial Mandated For Benefit Claims Actions, George Lee Flint Jr

Faculty Articles

When the United States Supreme Court faces the issue of fashioning a federal common law of ERISA, some district courts have suggested it will decide in favor of the right to a jury trial for benefits-due lawsuits. Legislative history indicates that Congress views the benefits-due lawsuit as contractual, realizing both state and federal courts treat them as contractual under pre-ERISA law, even LMRA, and expressly intended to increase the legal remedies under benefits-due lawsuits. Contractual legal remedies require the right to a jury trial. However, even in the absence of legislative history, constitutional provisions mandate a jury trial. This is …

Finance Lease Hell Or High Water Clause And Third Party Beneficiary Theory In Article 2a Of The Uniform Commercial Code , Peter Breslauer

Cornell Law Review

No abstract provided.

The Art Of Contract Negotiation, David B. Falk

Marquette Sports Law Review

No abstract provided.

Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

Dedication To Professor Edward Yorio

Fordham Law Review

The Board of Editors of the Fordham Law Review Dedicates this Issue to the memory of Professor Edward Yorio Professor of Contracts. Edward Yorio graduated from Harvard Law School with honors in 1971 and was appointed to the faculty of Fordham Law School in 1973. In a very short time, he became a dearly valued member of the legal profession and of the Fordham Law School community. To students who had the privilege of taking his Contracts class, he was a dedicated teacher who inspired them with his energy, mind, and ability to teach. Utilizing his keen wit, Professor Yorio …

Construction Law: 1991/1992 Survey Of Florida Law, Larry R. Leiby

Nova Law Review

There were several appellate decisions concerning construction law from mid - 1991 through mid 1992.

Real Property: 1992 Survey Of Florida Law, Ronald Benton Brown

Nova Law Review

This survey examines cases of the Florida Supreme Court which should be of particular interest to the real estate lawyer or real estate professional.

South Carolina Employers' Contractual Liability To Atwill Employees: The Present State And Future Course Of The Small Cause Of Action, Brian Murphy

South Carolina Law Review

No abstract provided.

Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman

Journal Articles

Book review of Enterprise and American Law 1836-1937 by Herbert Hovenkamp. Cambridge, MA: Harvard University Press, 1991

The Last Promissory Estoppel Article, Jay M. Feinman

Fordham Law Review

In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …