Contracts Commons^™

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT

By E. Allan Farnsworth and Viktor P. Mozolin

Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00

========================

FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS

By Thomas M. Franck and Michael J. Glennon

St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941

=======================

THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA

By Tom J. Farer

New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294

===========================

JUDGES

By David Pannick

New York: Oxford University Press,1987. Pp. vii, 255. …

Investment And Export Contracts In The People’S Republic Of China: Perspectives On Evolving Patterns, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The remarkable economic reforms begun in the People's Republic of China (PRC) in 1979 have made possible transactions between Chinese and foreigners that were previously unthinkable. But the reforms have also caused, and are likely to continue to cause, dislocations and uncertainties which often impair Sino-foreign commercial relationships as they are embodied in contracts. This article discusses two different types of contracts, contracts to establish enterprises in China with foreign direct investment (investment contracts) and contracts to purchase Chinese products for export (export contracts). It further comments on why these contracts often cannot be implemented according to their terms for …

A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thurmann

Scholarly Works

The purpose of this article is rather simple, extracting a new theory of standard form contracts from the good bits of the spectrum of "old" ideas and combining them with some fresh rethinking. For something fresh, the authors choose to examine the German law on standard form contracts. The authors have tried to remain neutral observers but in extracting the best from the spectrum of ideas one necessarily states--in this instance, one of pragmatic compromise. Thus, this article will cull and identify elements from the spectrum specifically concerning standard form contracts and compare them with the German approach. This process …

Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

51 pages.

Contains references.

Readjustment Of Federal Coal Leases, Marilyn S. Kite

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

19 pages.

Contains references.

Leases For Other Minerals: Recent Developments, Thomas F. Cope

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

14 pages.

Contains references.

The Federal Coal Leasing Program, John Latz

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

22 pages (includes 1 illustration and 1 map).

Contains 3 pages of references.

Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

37 pages.

Contains 2 pages of references.

State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

27 pages.

Contains references.

Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

89 pages.

Contains 8 attachments:

1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.

2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.

3) Billings Area Office Procedures.

4) Flow Chart.

5) Oil and Gas Exploration Joint Venture Agreement.

6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.

7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.

8) 43 C.F.R., Part 3160, …

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.

Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

18 pages.

Contains 2 pages of references.

Current Developments In Public Lands Administration, Lawrence G. Mcbride

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

24 pages.

Lands Available For Mineral Leasing, John R. Little, Jr.

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

14 pages.

Contains references.

Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

11 pages.

Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

13 pages.

Contains references.

Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

68 pages.

Contains references.

Contains 8 appendices.

Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

62 pages.

Contains 6 attachments.

Royalty Management I: Current Status, Robert E. Boldt

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

2 pages.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Contract Formation Under The United Nations Convention On Contracts For The International Sale Of Goods And The Uniform Commercial Code, James Edward Joseph

Penn State International Law Review

The United Nations Convention on Contracts for the International Sale of Goods aspires to the role of a transcendent uniform law. In order to lend uniformity to international sales law, the Convention must reduce the necessity of resorting to domestic conflict rules to determine applicable law, and it must reduce forum shopping. The second section of this Comment is a brief history of the effort to unify international sales law. The third section is concerned with uniformity. The applicability of the Convention with regard to both forum shopping and reliance on domestic conflict rules will be discussed. Ratification procedures are …

Book Review, I. I. Kavass

Vanderbilt Journal of Transnational Law

The legal aspects of international contracts for the sale of goods are intrinsically complex. First, the negotiation and performance of international contracts must frequently be conducted at a distance and with the assistance of many intermediaries. The rights and obligations of parties to an international sale are usually more manifold than those of a purely domestic sales transaction, and the effect and scope of these international rights and obligations must be determined by sophisticated mercantile rules which are not present in all legal systems. Second, because an international sales transaction extends beyond the boundaries of one country, it is invariably …

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz

Northwestern Journal of International Law & Business

The prospects for adoption of a law gov- erning commercial' contracts for the international sale of goods should be of compelling interest to American merchants and their legal advi- sors. The text which was presented to the diplomatic conference in March was completed by the United Nations Commission on Interna- tional Trade Law (UNCITRAL) in 1978.1 Its eighty-two articles em- body the substantive revisions of a similar document that was rejected by the United States sixteen years ago'--the 1964 Hague Convention Relating to a Uniform Law for the International Sale of Goods

International Law And The Internationalized Contract, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Richard W. Edwards, Jr.

Vanderbilt Journal of Transnational Law

Studies in International Law is a collection of articles written by Dr. Mann between 1942 and 1972. All have previously appeared except "About the Proper Law of Contracts between States," which discusses the effect of a clause in a loan agreement between Denmark and Malawi providing that the agreement "shall be governed by Danish law." The largest piece, 139 pages, in this thick volume is a reprint of Mann's edited lectures on "The Doctrine of Jurisdiction in International Law" delivered at the Hague Academy of International Law in 1964.

All the articles relate to points of contact between public international …

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."