Law Commons^™

Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh

LLM Theses and Essays

Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …

A Reply: Imperfect Bargains, Imperfect Trials, And Innocent Defendants, Robert E. Scott

Faculty Scholarship

To understand what is and is not wrong with plea bargaining, one must understand the relationship of bargains to trials. Unsurprisingly, we disagree with much of what Judge Frank Easterbrook and Professor Stephen Schulhofer say about that relationship. Most of those disagreements need not be rehearsed here; readers attentive enough to wade through their essays and ours will pick up the key points readily enough. But there is one point where the dispute is at once sharp and hidden. It has to do with the fact that both trials and bargains are flawed.

That fact might seem obvious, but the …

Minor Changes: Emancipating Children In Modern Times, Carol Sanger, Eleanor Willemsen

Faculty Scholarship

Parents and their teenage children don't always get along. At some time during adolescent development, parents may turn into embarrassments and teenagers into domestic terrorists. For most families this is a phase. Adolescence is endured, the child accomplishes some degree of separation from parents, and the transition to adulthood advances.

In some families, however, the period is more like a siege than a phase. Conflict may last longer and be more strifeful, more intense. If the family is incapable or unwilling to resolve the tensions, an intractability may set in. In these cases, domestic tranquility seems attainable only when the …

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.

Toward A General Concept Of Conformity In The Performance Of Contracts, Eyal Zamir

Louisiana Law Review

No abstract provided.

A Slave's Marriage: Dowry Or Deposit, Alan Watson

Scholarly Works

This articles examines the concept of dowry among marriage of slaves in ancient Rome.

A Tale Of Two Religions: A Contractual Approach To Religion As A Factor In Child Custody And Visitation Disputes, Rebecca Korzec

All Faculty Scholarship

This article focuses on the role of religious conflict between parents in determining child custody and visitation disputes. It suggests a framework for reconciling parental control over religious observance and training with the state's duty to protect the child's best interests. First, it examines the history of English and American child custody law and analyzes modern custody cases in which religion is a factor. Next, it addresses the alarming recent attempt by courts to resolve religious disputes with a shared custody approach, awarding 'spiritual custody' to one parent and 'physical custody' to the other. Finally, this article proposes a contractual …

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

Duke Law Journal

No abstract provided.

Teaching Legal Ethics In Contracts, Scott J. Burnham

Journal of Legal Education

No abstract provided.

Consideration And The Commercial-Gift Dichotomy, James D. Gordon, Iii

Vanderbilt Law Review

The doctrine of consideration serves several functions. For example, it serves a cautionary function because it helps ensure deliberateness. Often, promises to make gifts are based on emotion, surges of gratitude, or impulses of display.' A donative promisor tends to look primarily to the promisee's interests rather than the promisor's own interests. The commercial-gift dichotomy satisfies the cautionary function better than the doctrine of consideration because it distinguishes between transactions based on self-interest, in which the promisor can be presumed to self-protect, and transactions based on altruism, in which the promisor is thinking more about the donee's interests than his …

Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis

Seattle University Law Review

Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …

Drafting The Dispute Resolution Clause, Whitmore Gray

Book Chapters

Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …

Selected Poems On The Law Of Contracts, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi

Journal of Law and Health

For certain types of contracts, the remedy for the breach of the implied duty of good faith and fair dealing has been found to lie in tort. Until the Supreme Court's ruling in Pilot Life Ins. Co. v. Dedeaux, courts were rapidly extending the application of the tort of bad faith breach of contract into areas beyond the traditionally accepted realm of insurance contracts. Most significant for the purposes of this note was the expansion into the area of health care services, specifically health maintenance organizations. Perhaps because of the chilling effect Pilot Life has had upon this form of …

Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Judicial Intervention In Contractual Relationships Under The Uniform Commercial Code And Common Law, H. W. Classen

South Carolina Law Review

No abstract provided.

Law And Equity In Contract Enforcement, Emily L. Sherwin

Maryland Law Review

No abstract provided.

John Calamari--A Tribute, Joseph M. Perillo

Fordham Law Review

No abstract provided.

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Scholarly Works

The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …

Role Of Reliance In Contract Damages , W. David Slawson

Cornell Law Review

No abstract provided.

Contract Law, Anthony L. Harbin, Robert H. Mozingo, Karl J. Forrest

South Carolina Law Review

No abstract provided.

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Faculty Publications

No abstract provided.

Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss

Cardozo Law Review

No abstract provided.

Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher

Washington and Lee Law Review

No abstract provided.

Dialogue About The Doctrine Of Consideration , James D. Gordon Iii

Cornell Law Review

No abstract provided.

In The Name Of The Law, Samuel Weber

Cardozo Law Review

No abstract provided.

"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Cardozo Law Review

No abstract provided.

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin

University of Miami Law Review

No abstract provided.

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.