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Drafting

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Articles 61 - 75 of 75

Full-Text Articles in Law

Drafting In The Contracts Class, Scott J. Burnham Nov 2000

Drafting In The Contracts Class, Scott J. Burnham

Saint Louis University Law Journal

No abstract provided.

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Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham Jan 2000

Toward A Prudential And Credibility-Centered Parol Evidence Rule, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

The most influential judicial voices on the parol evidence rule are Roger Traynor and Richard Posner. Traynor pieced together aspects of positions championed by the antipodal titans of contracts, Arthur Corbin and Samuel Williston. Posner cuts through tangled doctrinal webs to show how the unifying talisman of the doctrine is credibility. Everything in parol evidence rule doctrine, in this formulation, can be understood in terms of two categories of evidence: subjective and objective. While the Traynor composite blended aspects of the titans of contracts into an incoherent stew, the Posner composite unites the central theme of the titans' positions, holding …

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Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard Levie Feb 1998

Prohibitions And Restrictions On The Use Of Conventional Weapons, Howard Levie

International Law Studies

Also published in 68 Saint John's University Law Review 643 (1994)

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On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch Jan 1996

On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch

Law Faculty Publications

This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …

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Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel Jan 1994

Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel

Scholarly Works

Professors Rochelle Dreyfuss and Stephen Subrin first presented their ideas on the 1993 Amendments to the Federal Rules of Civil Procedure (Civil Rules) at the 1994 Annual Meeting of the Association of American Law Schools (AALS) in a program titled, “The 1993 Discovery Amendments: Evolution, Revolution, or Devolution?” After the program, I was left with the depressing view that the answer was devolution, which is defined as a “retrograde evolution,” or “degeneration.” Dreyfuss provides a detailed but succinct review of the changes in discovery occasioned by the new rules as well as a vantage point for assessing the social and …

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An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill Jan 1992

An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill

Faculty Scholarship

No abstract provided.

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Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson Jan 1992

Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson

Law Faculty Publications

This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …

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A New Constitution For Romania And A New Idea For The Eastern European Bloc: An Independent Judiciary, Ben F. Overton Jan 1992

A New Constitution For Romania And A New Idea For The Eastern European Bloc: An Independent Judiciary, Ben F. Overton

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever Sep 1987

A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever

Law Faculty Presentations and Testimony

Arthur Landever discusses why we celebrate the Constitution on Constitution Day.

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Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher Jan 1984

Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher

Law Faculty Publications

No abstract provided.

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The "Plain English" Trust, J. Rodney Johnson Jan 1980

The "Plain English" Trust, J. Rodney Johnson

Law Faculty Publications

Professor Johnson argues in favor of, and then provides an example of, a trust drafted in "plain English."

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The Role Of The Joint Legislative Administrative Procedures Committee, Philip D. Lewis Jan 1975

The Role Of The Joint Legislative Administrative Procedures Committee, Philip D. Lewis

Florida State University Law Review

No abstract provided.

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The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson Jun 1960

The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson

Michigan Law Review

This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …

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Van Doren: The Great Rehearsal, Michigan Law Review Mar 1948

Van Doren: The Great Rehearsal, Michigan Law Review

Michigan Law Review

A Review of THE GREAT REHEARSAL. By Carl Van Doren.

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The Drafting Of Statute Titles, Carl H. Manson Dec 1934

The Drafting Of Statute Titles, Carl H. Manson

Indiana Law Journal

No abstract provided.

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