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Articles 31 - 60 of 79
Full-Text Articles in Contracts
Contracts Are Like Snowflakes, David Spratt
Contracts Are Like Snowflakes, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
American University Law Review
No abstract provided.
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier
American University Law Review
No abstract provided.
Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton
Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton
Scholarly Articles in Law Reviews & Journals
Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions (also termed pricing parity provisions) can help protect competition in online markets. An online platform imposes a platform MFN when it requires that providers using its platform not offer their products or services at a lower price on other platforms. These contractual provisions may be employed by online platforms offering hotel and transportation bookings, consumer goods, digital goods, and handmade craft products. They have been the subject of antitrust enforcement in Europe but have drawn only limited antitrust scrutiny in the U.S. Our paper explains why MFNs employed by online …
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour
American University Business Law Review
No abstract provided.
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
American University Law Review
It sold for $15 million, and the IRS treated it as worthless. Avery Fisher, a titan of industry and a lover of classical music, made a generous contribution to renovate a charity's building, and in exchange the charity agreed to name the building after Fisher in perpetuity. Forty years later, the Fisher family sold the naming rights back to the charity for $15 million in cash. The IRS treats these publicity rights as worthless when charities grant them, and this generates substantial tax benefits for the donor and the donor's family. In contrast, the common law can treat these publicity …
If You've Seen One, You Have Not Seen Them All, David Spratt
If You've Seen One, You Have Not Seen Them All, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu
American University Law Review
No abstract provided.
The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat
The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat
American University Law Review
No abstract provided.
To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney
To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney
American University Business Law Review
No abstract provided.
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier
The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier
Scholarly Articles in Law Reviews & Journals
"Most Favored Nation" contractual provisions have come under scrutiny in recent years by antitrust authorities in both the US and EU. MFNs are a type of vertical agreement between suppliers and buyers. The literature has recognized that there may be efficiency rationales for these arrangements but the literature has also recognized that these arrangements have anticompetitive potential. In this paper, we distill the economics literature on MFNs to explore both possibilities.
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
Website Design As Contract, Woodrow Hartzog
Website Design As Contract, Woodrow Hartzog
American University Law Review
No abstract provided.
The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers
The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers
American University Law Review
No abstract provided.
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery
American University Law Review
No abstract provided.
Understanding The Federal Tort Claims Act: A Different Metaphor, Paul F. Figley
Understanding The Federal Tort Claims Act: A Different Metaphor, Paul F. Figley
Scholarly Articles in Law Reviews & Journals
When it enacted the Federal Tort Claims Act Congress waived the United States’ sovereign immunity for certain torts of the federal government. That waiver is subject to exclusions, exceptions, and limitations that may seem puzzling or counterintuitive. This essay explains the structure and operation of the Federal Tort Claims Act by comparing it to “a traversable bridge across the moat of sovereign immunity” (a metaphor used by Judge Max Rosenn in a slightly different context). The essay examines why Congress enacted the FTCA, the jurisdictional grant that allows some tort claims but not others, the pre-requisites to bringing suit, the …
Hunting Promissory Estoppel, David V. Snyder
Hunting Promissory Estoppel, David V. Snyder
Contributions to Books
This paper considers how promissory estoppel jobs are undertaken in two jurisdictions that ought not to need promissory estoppel. The purpose is to achieve a better understanding of systematic decisions to enforce promises and to discover the doctrinal combinations possible in mixed Civil Law/Common Law jurisdictions. This bilateral comparison allows an examination of the different philosophical and moral bases for according promises legal force, whether founded on contract and will or on delict and injury. The differing functions of formalities are also discussed. More particularly, Scotland does not have promissory estoppel but has a remarkable doctrine allowing the enforceability even …
Writer's Block - Resolve To Become A Better Writer, David Spratt
Writer's Block - Resolve To Become A Better Writer, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder
Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder
Scholarly Articles in Law Reviews & Journals
This paper, commenting on the work of Jýrgen Basedow, addresses the legal regulation of economic relations in the context of globalization. The paper applies the idea of the mixed jurisdiction, traditionally focused on legal systems that partake of both the common law and the civil law, to the complex of privately made law and publicly made law that governs contemporary economic relations. Differing criteria that might be used to assess and choose between competing rules or competing systems of rule generation are evaluated, and normative considerations are raised. The paper proposes a model to demonstrate how privately made law, though …
More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt
More Views From The Ivory Tower: The Kiss Principle - Keep It Simple, Solicitor, David Spratt
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Merger To Monopoly To Serve A Single Buyer: Comment, Jonathan Baker
Merger To Monopoly To Serve A Single Buyer: Comment, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Improving The Rolling Contract, Stephen E. Friedman
Improving The Rolling Contract, Stephen E. Friedman
American University Law Review
This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …
A Social Dimension In European Private Law The Call For Setting A Progressive Agenda, Fernanda Nicola
A Social Dimension In European Private Law The Call For Setting A Progressive Agenda, Fernanda Nicola
Scholarly Articles in Law Reviews & Journals
I. The Europeanization of Private Law: Legal Sources, Ideology and Process: 1. Legal Sources in European Private Law. 2. Technocracy at work: What is the Common Frame of Reference? 3. The Ideological Divide: Neo-liberalism versus Social Justice in European Contract law. 4. The Social Justice Manifesto and the Legitimacy of the Process. 5. The Scholarly Industry and its Dark Sides. II. Social contract law and Social Europe, part of the problem or part of the solution?: 1. The "Social" Critique of Formalism in Contract Law and its historical inadequacy. 2. The Critique of the Social and its erasure in the …
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Scholarly Articles in Law Reviews & Journals
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …