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Articles 1 - 30 of 39
Full-Text Articles in Contracts
Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes
Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes
Wayne R. Barnes
When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …
Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes
Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes
Wayne R. Barnes
When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …
Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken
Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken
Samuel R. Olken
No abstract provided.
Law And Equity In Contract Enforcement, Emily Sherwin
Law And Equity In Contract Enforcement, Emily Sherwin
Emily L Sherwin
No abstract provided.
Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia
Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
John Dobbyn
No abstract provided.
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Brian M McCall
In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall
Brian M McCall
Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall
Brian M McCall
En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las …
Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act, Donald J. Kochan
Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act, Donald J. Kochan
Donald J. Kochan
Recent legislation passed in March 2012 in the State of Utah — the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”) — has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of …
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
Pietro Sirena
The article aims at challenging the current definitions of the principles of law from the point of view of the European legal system. Its multi-levelled structure and its constitutional architecture, strongly based on the subsidiarity of the European Union, call for a new understanding of its principles. The authors of the article assume that the principles of European law are to be identified with the common core of the national legal orders, i.e. with the ius commune Europaeum, and with the constitutional condition of its application by the European Court of Justice. Such principles should be obtained through the critical …
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
Donald J. Kochan
This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Donald J. Kochan
Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property things in the world. This symposium article explores the essential character of such systems in providing certainty of title, and takes a tour through the mortgage foreclosure crisis to see where adherence to and respect for these systems’ roles broke down. Leading up to the crisis, as securitization became vogue and the housing boom blurred …
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Péter Cserne
This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.
Contract And Dispossession, Deborah W. Post
Contract And Dispossession, Deborah W. Post
Deborah W. Post
This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, …
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Péter Cserne
This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment’ about empirical facts, ‘demystification’ …
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
James R. Repetti
The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage stockholders, themselves, …
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Mary J. Shariff
This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff
Mary J. Shariff
This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.
Duress, Péter Cserne
Duress, Péter Cserne
Péter Cserne
This chapter is to appear in Contact Law and Economics, part of the Elgar Encyclopedia of Law and Economics, 2nd ed. Its purpose is to provide an overview of the economic analyses of contractual duress. The focus is on the distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Along with the results of economic analysis, the legal background and some non-economic theories of duress are also briefly presented.
The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman
The Productive Tension Between Official And Unofficial Stories Of Fault In Contract Law, Martha M. Ertman
Martha M. Ertman
Officially Contract law ignores fault. However, an unofficial story complements the official one, and explains why fault occasionally slips into contract law through doctrines such as willful breach. This chapter of FAULT IN AMERICAN CONTRACT LAW (Omri Ben-Shahar & Ariel Porot, eds, Cambridge U. Press, forthcoming 2010) argues that the official and unofficial stories operate in productive tension to both facilitate ex ante planning and, when necessary, look backward at reasons for breach to reach a just result. The occasional presence of fault in contract law, in this view, represents merely one more instance of the common doctrinal pattern of …
Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne
Péter Cserne
This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)
Globalized World And Separation Of Powers: A New Role For The Independent Administrative Authorities, Antonio Lordi
Globalized World And Separation Of Powers: A New Role For The Independent Administrative Authorities, Antonio Lordi
antonio lordi
No abstract provided.
Invisible Ink In The Eighth Arrondissement, Karl T. Muth
Invisible Ink In The Eighth Arrondissement, Karl T. Muth
Karl T Muth
IMPORTANT: This document may prompt you for a username and password. If this occurs, please simply click "cancel" and the document will load. Thank you. This Article deals with the history of the secret contract that governs the distribution of economic rents enjoyed by Formula One. It further explores the environment in which this secret contract evolved and briefly discusses applications for secret contracts in other scenarios and industries.
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel
Jonathan Yovel
This essay explores the concept of "Territory" in some of its cultural forms, as well as looks into cultural and linguistic conditions for territories-talk. Initially, it engages territory as a pre-political representation and explores its formal relation to space and to place. It defines territory as the paradigmatic non-place and contrasts it with the concept of the city (in fact, an anticity), especially as reflected in renaissance and early modern art/architecture, with examples from Schedel, Bellini, Breugel and others, as well as from contemporary graphic works (Moebius, Qual, Nowak).
Moving from the cultural to the political, territories are then explored …
Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne
Paternalism In Policy: Prospects And Limitations Of An Economic Analysis, Péter Cserne
Péter Cserne
No abstract provided.
A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne
A Közteherviselés (70/I. §) [The Constitutional Duty To Contribute To Public Expenditures. Hungary 1989-2009], Péter Cserne
Péter Cserne
This is a chapter in the 2 volume commentary on the (pre-2012) Hungarian constitution, edited by Andras Jakab. It provides a legal doctrinal analysis of the constitutional power to tax, as regulated in Art 70/I of the Constitution of the Republic of Hungary (the duty to contribute to public expenditures) and interpreted by the Hungarian Constitutional Court.
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne
Péter Cserne
No abstract provided.
The Attorney-Client Privilege In The European Union And Italy: Time For A Change, Antonio Lordi
The Attorney-Client Privilege In The European Union And Italy: Time For A Change, Antonio Lordi
antonio lordi
No abstract provided.