Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Contract law (2)
- Law (2)
- Air transport (1)
- Aircraft (1)
- Bitcoin (1)
-
- Blockchain (1)
- Choice theory (1)
- Contract (1)
- Contract practice (1)
- Contract theory (1)
- Contracts (1)
- Contractual exchange (1)
- Contractual freedom (1)
- Cryptocurrency (1)
- Damage assessment (1)
- Distributed ledgers (1)
- Element of choice (1)
- Embezzled goods (1)
- Ethereum (1)
- Extractive Industries (1)
- Foreign investment (1)
- Good faith purchase (GFP) (1)
- Investment Law and Policy (1)
- Investment and Human Rights (1)
- Investor-state contracts (1)
- JITE (1)
- Journal of Institutional and Theoretical Economics (1)
- Jurisprudence (1)
- Kantian autonomy (1)
- Land and Agriculture (1)
Articles 1 - 6 of 6
Full-Text Articles in Contracts
Legal Frameworks & Foreign Investment: A Primer On Governments’ Obligations, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke, Rumbidzaii Mawen
Legal Frameworks & Foreign Investment: A Primer On Governments’ Obligations, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke, Rumbidzaii Mawen
Columbia Center on Sustainable Investment Staff Publications
Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be better harnessed to support, rather than weaken, sustainable development and human rights.
This primer provides a brief overview of host government obligations under international investment law, international human rights law, domestic law, and relevant investor-state contracts. It also highlights some of the ways in which …
Freedom, Choice, And Contracts, Hanoch Dagan, Michael A. Heller
Freedom, Choice, And Contracts, Hanoch Dagan, Michael A. Heller
Faculty Scholarship
In “The Choice Theory of Contracts,” we explain contractual freedom and celebrate the plurality of contract types. Here, we reply to critics by refining choice theory and showing how it fits and shapes what we term the “Contract Canon”.
I. Freedom. (1) Charles Fried challenges our account of Kantian autonomy, but his views, we show, largely converge with choice theory. (2) Nathan Oman argues for a commerce-enhancing account of autonomy. We counter that he arbitrarily slights noncommercial spheres central to human interaction. (3) Yitzhak Benbaji suggests that choice theory’s commitment to autonomy is overly perfectionist. Happily, in response to Benbaji, …
Choice Theory: A Restatement, Michael A. Heller, Hanoch Dagan
Choice Theory: A Restatement, Michael A. Heller, Hanoch Dagan
Faculty Scholarship
This chapter restates choice theory, which advances a liberal approach to contract law. First, we refine the concept of autonomy for contract. Then we address range, limit, and floor, three principles that together justify contract law in a liberal society. The first concerns the state’s obligation to be proactive in facilitating the availability of a multiplicity of contract types. The second refers to the respect contract law owes to the autonomy of a party’s future self, that is, to the ability to re-write the story of one’s life. The final principle concerns relational justice, the baseline for any legitimate use …
The Limits Of Smart Contracts, Jens Frankenreiter
The Limits Of Smart Contracts, Jens Frankenreiter
Ira M. Millstein Center for Global Markets and Corporate Ownership
This essay investigates the potential of smart contracts to replace the legal system as an infrastructure for transactions. It argues that (contract) law remains relevant for most transactions even if they are entirely structured by way of smart contract. The reason for this is that the power of smart contracts to create and enforce obligations against attempts by the legal system to thwart their execution is limited. These limitations are most relevant for obligations to perform certain actions outside the blockchain, but also apply to other obligations contingent on facts outside the records stored on the blockchain.
Divergence And Convergence At The Intersection Of Property And Contract, Giuseppe Dari-Mattiacci, Carmine Guerriero
Divergence And Convergence At The Intersection Of Property And Contract, Giuseppe Dari-Mattiacci, Carmine Guerriero
Faculty Scholarship
In this Article, we study rules that solve the conflict between the original owner and an innocent buyer of a stolen or embezzled good. These rules balance the protection of the original owner’s property and the buyer’s reliance on contractual exchange, thereby addressing a fundamental legal and economic trade-off. Our analysis is based on a unique, hand-collected dataset on the rules in force in 126 countries. Using this data, we document and explain two conflicting trends. There is a large amount of first-order divergence: both rules that apply to stolen goods and those that apply to embezzled goods vary widely …
Three By Posner, Victor P. Goldberg
Three By Posner, Victor P. Goldberg
Faculty Scholarship
If Richard Posner did not invent the term “efficient breach,” he at least was its most aggressive marketer. I confess that nowadays I do not find the concept particularly useful, but that does not detract from its value. It was a catalyst, forcing scholars to consider the economic function of contract remedies. Any assessment of Judge Posner’s contracts jurisprudence must acknowledge that contribution.
In this paper, I will consider three of his opinions that appear with some regularity in contracts casebooks – Northern Indiana Public Service Company v. Carbon County Coal Company, Empire Gas v. American Bakeries, and Lake River …