Contracts Commons^™

Knowledge At Work: Disputes Over The Ownership Of Human Capital In The Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Employee Representation In The Boundaryless Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Approaches To Teaching Contracts: Enriching Case Reports, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The Limits Of Behavioral Decision Theory In Legal Analysis: The Case Of Liquidated Damages, Robert A. Hillman

Cornell Law Faculty Publications

Discontent with the apparent tunnel vision of economic analysis of law's rational choice theory, legal scholars recently have turned with enthusiasm to "behavioral decision theory" (BDT) to enrich their understanding of how people make decisions and of the law's effect on human behavior. This article, for the first time, evaluates BDT's potential contribution to legal analysis by focusing on a single, important legal paradox: Despite contract law's freedom of contract paradigm, courts actively and enthusiastically police agreed damages provisions. Although the article finds an important place in legal analysis for this new discipline, the article raises and discusses several obstacles …

The Unfulfilled Promise Of Promissory Estoppel In The Employment Setting, Robert A. Hillman

Cornell Law Faculty Publications

Although the theory of promissory estoppel enforces promises that induce reasonable detrimental reliance, this article reveals the theory's colossal failure in the non-union employment setting. This conclusion is based on an examination of all of the reported decisions in the United States that discussed promissory estoppel over a two-year period in the mid 1990's. During this period, employees won only 4.23 percent of employment promissory estoppel cases decided on the merits. At first blush, this is very surprising because employers, through their communications, seek to create the expectation of a stable, secure work environment and employees, because of their lack …

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The Employment Contract, Ian Ayres, Stewart J. Schwab

Cornell Law Faculty Publications

This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.

Questioning The "New Consensus" On Promissory Estoppel: An Empirical And Theoretical Study, Robert A. Hillman

Cornell Law Faculty Publications

Professor Hillman presents evidence that contradicts several assumptions about how courts apply the doctrine of promissory estoppel. Although theorists have claimed the importance, even dominance, of the theory as a ground for enforcing promises, he shows that this theory is remarkably unsuccessful in the courts. Professor Hillman also demonstrates the crucial role of reliance in both successful and unsuccessful promissory estoppel cases, despite the "new consensus" that courts enforce promises without a showing of reliance. Finally, Professor Hillman shows that courts award damages flexibly in successful promissory estoppel cases, although analysts have claimed that courts strongly favor expectancy damages.

Professor …

The Best Law School Subject, Robert A. Hillman, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Triumph Of Gilmore's The Death Of Contract, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

"Instinct With An Obligation" And The "Normative Ambiguity Of Rhetorical Power", Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Cornell Law Faculty Publications

No abstract provided.

Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Policing Employment Contracts Within The Nexus-Of-Contracts Firm, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

The Legacy Of Industrial Pluralism: The Tension Between Individual Employment Rights And The New Deal Collective Bargaining System, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

Law And Equity In Contract Enforcement, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Contract Excuse And Bankruptcy Discharge, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Contract Modification And "Self-Help Specific Performance": A Reaction To Professor Narasimhan, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

A Coasean Experiment On Contract Presumptions, Stewart J. Schwab

Cornell Law Faculty Publications

Despite the theoretical importance of the Coase Theorem, scholars have given surprisingly little attention to verifying its predictions empirically. Supporters often accept the theorem as dogma, while armchair critics assail its assumptions. In an exciting series of recent articles, however, Elizabeth Hoffman and Matthew Spitzer have presented experimental evidence, as have others, that largely supports the Coasean prediction that bargainers will negotiate around inefficient property rights to reach a Pareto-optimal solution. The methodology has even gained sufficient attention to have its detractors.

The existing experiments analyze the results of bargains when one side has the power to impose unilaterally one …

Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Court Adjustment Of Long-Term Contracts: An Analysis Under Modern Contract Law, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Evidentiary Problems In--And Solutions For--The Uniform Commercial Code, Ronald J. Allen, Robert A. Hillman

Cornell Law Faculty Publications

The Uniform Commercial Code does not offer a systematic approach to the rules governing the evidentiary relationships of parties to commercial litigation. In this article, Professors Allen and Hillman present a general analytical approach to proof rules, highlight the shortcomings of the Code's evidentiary provisions, and discuss the inevitable confusion in the case law construing the Code. They propose an amendment to the Code designed to clarify and improve the Code approach.

An Analysis Of The Cessation Of Contractual Relations, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Contract Modification Under The Restatement (Second) Of Contracts, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Debunking Some Myths About Unconscionability: A New Framework For U.C.C. Section 2-302, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

A Study Of Uniform Commercial Code Methodology: Contract Modification Under Article Two, Robert A. Hillman

Cornell Law Faculty Publications

A goal of the Uniform Commercial Code is to provide rules that respond to commercial reality so that the intentions of contracting parties will be effectuated. To meet this challenge the U.C.C. was written to allow both certainty and flexibility. In this Article, Professor Hillman examines the Code provisions governing contract modifications. Through a series of hypothetical problems he explores the methodology used by the U.C.C. in attempting to achieve a proper balance between stability and flexibility in contract modification law. He concludes that the Code has not been successful in achieving its goals in this area. The various sections …

Contract Modification In Iowa-Recker V. Gustafson And The Resurrection Of The Preexisting Duty Doctrine, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.