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Full-Text Articles in Law
Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray
Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray
University of Massachusetts Law Review
Contracts have always relied on text first, foremost, and usually exclusively. Yet, this approach leaves many users of contracts in the dark as to the actual meaning of the transactional documents and instruments they enter into. The average contract routinely uses language that only lawyers, law-trained readers, and highly literate persons can truly understand. There is a movement in the law in the United States and many other nations called the visualization of law movement that attempts to bridge these gaps in contractual communication by using highly visual instruments. In appropriate circumstances, even cartoons and comic book forms of sequential …
The Idea Of Contract In Japanese Law And Culture, Sara Landini
The Idea Of Contract In Japanese Law And Culture, Sara Landini
Japanese Society and Culture
The paper deals with contract law in Japan in the perspective of law and literature in order to better understand some basic concepts that actually are not a translation of western concept like good faith.
Obsolescence: The Intractable Production Problem In Contract Law, Alan Schwartz, Robert E. Scott
Obsolescence: The Intractable Production Problem In Contract Law, Alan Schwartz, Robert E. Scott
Faculty Scholarship
Contract law has long suffered from an institutional problem: Which legal institution can best create an efficient law for commercial contracts that can overcome "obsolescence” – the persistence of rules that only solve yesterday’s contracting problems? Until the early 20th century, contract law was largely created by common law courts. The law's default rules were efficient when created and courts updated them as commerce changed. But there were few rules and the common law process is slow. In response, the 20th century saw public and private lawmaking bodies enact commercial statutes in discrete legal areas such as secured credit, commercial …
Investigating The Contract Production Process, Stephen J. Choi, Robert E. Scott, G. Mitu Gulati
Investigating The Contract Production Process, Stephen J. Choi, Robert E. Scott, G. Mitu Gulati
Faculty Scholarship
Contract law and theory have traditionally paid little attention to the processes by which contracts are made. Instead, contracts among sophisticated parties are assumed to be full articulations of the desires of the parties; whatever the process, the outcome is the same. This article compares sovereign debt contracts from US and UK firms, with different production processes, that are trying to do the same thing under very similar legal regimes. We find that that the production process likely matters quite a bit to the final form that contracts take.