Civil Law Commons^™

Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, 41 J. Marshall L. Rev. 275 (2008), Daniel B. Bogart

UIC Law Review

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

To Err Is Human, Keith A. Rowley

Michigan Law Review

There are many kinds of mistakes. One kind-a rational, well-intended act or decision resulting in unanticipated, negative consequences-was the focus of Allan Farnsworth's previous foray into the realm of legal angst. Another kind-an act or decision prompted by an inaccurate, incomplete, or uninformed mental state and resulting in unanticipated, negative consequences- is the subject of the present book. Like its predecessor, Alleviating Mistakes does not confine itself to contract law, Farnsworth's home turf; it explores criminal, tort, restitution, and other areas of substantive law as well. As such, it paints on too large a canvas to capture its entirety in …

Navigating Residential Attorney Approvals: Finding A Better Judicial North Star, 39 J. Marshall L. Rev. 171 (2006), Debra Pogrund Stark

UIC Law Review

No abstract provided.

The Ethics Of Invalid And 'Iffy' Contract Clauses, In Symposium: Contracting Out Of The Uniform Commercial Code, Christina L. Kunz

Faculty Scholarship

This Symposium focuses on the extent to which attorneys can use agreed terms to supplant or “bump” the provisions of the Uniform Commercial Code (UCC). The articles in this Symposium demonstrate that the degree to which attorneys customarily “contract out” varies considerably from UCC article to article. In reality, though, the issues surrounding contracting out of UCC provisions are not limited to the UCC, statutes, or other codified rules. Most “repeat players” in the market periodically ask their lawyers to redraft their standard-form contracts in ways that increasingly favor the drafter. Some of these lawyers may intentionally draft clauses that …

Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Defective Products And Product Warranty Claims In Minnesota, J. David Prince

William Mitchell Law Review

Warranty law is an important supplement to tort law principles governing liability for defective products. Warranties arise from promises or assertions associated with either the sale of a product or some other transfer of a product for value. Such promises or assertions about a product may be express, made in the form of the seller’s statements about the qualities or attributes of the product, or they may simply be implied as a matter of policy. Although warranty law is generally regarded today as part of the body of contract law, the origins of warranty lie in tort. Important developments in …

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem

ExpressO

Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …

Three Degrees Of Promising, Eric G. Andersen

BYU Law Review

No abstract provided.

Red Owl's Legacy, Gregory M. Duhl

Faculty Scholarship

In the early 1960s, Joseph Hoffman, a high school graduate, baker and father of seven, sought to obtain a Red Owl grocery store franchise in Wisconsin. He entered into negotiations with Red Owl Stores, Inc. after the franchisor assured him that the $18,000 he had to invest in the franchise was sufficient. Over the course of the negotiations, Red Owl encouraged Hoffman to sell his bakery, buy a small grocery store to gain experience in the grocery business, sell his grocery store three months later, and move his family to the desired location for his Red Owl franchise. The negotiations …

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

Indiana Law Journal

No abstract provided.

Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods

University of Arkansas at Little Rock Law Review

No abstract provided.

Resolving The Paradox Between Legal Theory And Legal Fact: The Judicial Rejection Of The Theory Of Efficient Breach, Craig S. Warkol

Cardozo Law Review

No abstract provided.

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice

American University Law Review

No abstract provided.

Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Toward Contractual Choice In Marriage, J. Mark Ramseyer

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School Apr. 4, 2011

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.

Judicial Lawmaking In A Code Jurisdiction: A French Saga On Certainty Of Price In Contract Law, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi

LLM Theses and Essays

With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …

A Case Study Of Bad Faith Refusal To Settle: Doctrinal, Normative And Practical Analysis Of Missouri Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski

UIC Law Review

No abstract provided.

Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg

Faculty Scholarship

In Robins Dry Dock and Repair Co. v. Flint, the Supreme Court laid down the general proposition that claims for pure economic loss are not recoverable in tort. Although courts have sometimes ignored or distinguished Robins, its holding is still a central feature of tort law. In a recent en bane decision regarding claims by those injured by a chemical spill in the Mississippi River, the Fifth Circuit engaged in an extensive debate over the continued vitality of Robins and concluded (despite five dissenters) that it remained good law.

The Robins rule is overbroad, lumping together a number of …