Contracts Commons^™

Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum

Articles by Maurer Faculty

The United States is currently involved in negotiation of the Hague Convention on Exclusive Choice of Court Agreements, which would regulate the enforceability of forum-selection clauses in international contracts. That project - as well as the recent focus in globalization literature on more active judicial management of forum selection - draws attention to one unusual aspect of U.S. jurisdictional law: that dismissal on the basis of forum non conveniens is available even in cases arising out of contracts including negotiated forum selection clauses. This article examines the resulting tension between the right of contract parties to select a forum in …

Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt

Indiana Law Journal

No abstract provided.

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.

Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium

Closing The Deal In Contracts: Introducing Transactional Skills In The First Year, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

Indiana Law Journal

No abstract provided.

An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver

Federal Communications Law Journal

As the numbers of prisons and prisoners continue to increase, so does the market for prison services. One of the more lucrative segments of this industry is the telephone market. To the extent that the services are provided to the prisoners, the relationship resembles a third party beneficiary contract, but due to the perverse financial incentives and the political climate surrounding prisons and prisoners, neither the state nor the private entity acts in the best interests of the consumers in particular or of society in general. This Article will analyze the efficiency of these contracts, introduce alternate arrangements, and compare …

Contracts-Breach Distinguished From Rescission

Indiana Law Journal

No abstract provided.

A "Frozen Exception" For The Frozen Embryo: The Davis "Reasonable Alternatives Exception", Jennifer L. Medenwald

Indiana Law Journal

No abstract provided.

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …

Humans, Computers, And Binding Commitment, Margaret Jane Radin

Indiana Law Journal

Addison C. Harris Lecture at the Indiana University School of Law-Bloomington on October 26, 1999.

Customized Marriage, James Herbie Difonzo

Indiana Law Journal

No abstract provided.

Reaffirming No-Fault Divorce: Supplementing Formal Equality With Substantive Change, Erin R. Melnick

Indiana Law Journal

No abstract provided.

Contract-Negligence As A Bar To Equitable Relief

Indiana Law Journal

No abstract provided.

Contracts-Offer And Acceptance-Lapse Of Offer

Indiana Law Journal

No abstract provided.

Paternalism In The Law Of Marriage, Jeffrey E. Stake

Indiana Law Journal

No abstract provided.

The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David V. Snyder

Articles by Maurer Faculty

This article argues that contractual change is inherently problematic because contract and change are fundamentally antithetical. Because change is inevitable, however, the law of contract attempts to regulate the effect of change. These attempts are divided into two realms: public regulation, including the preexisting duty rule and its substitutes, and private regulation, including contractual "no oral modification" and "no oral waiver" clauses. The article criticizes not only the preexisting duty rule but also the duress and good faith tests that have been suggested as substitutes. Instead, the article proposes a "coercion" test, which is stated in detail and which is …

Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Toward Contractual Choice In Marriage, J. Mark Ramseyer

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School Apr. 4, 2011

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

The Unidroit Principles Of International Commercial Contracts And The Wto: Between An "International Restatement" And A "Globalization" Of Contract Law? A Review Of An International Restatement Of Contract Law: The Unidroit Principles Of International Commercial Contracts, Imtyaz M. Sattar

Indiana Journal of Global Legal Studies

No abstract provided.

Equality Under The Law Or Annihilation Of Marriage And Morals? The Same-Sex Marriage Debate, Germaine Winnick Willett

Indiana Law Journal

No abstract provided.

Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan

Federal Communications Law Journal

The Communications Act of 1934 requires, among other things, that telephone companies as "common carriers" make their services available to the general public at affordable rates. The Federal Communications Commission (FCC) has the authority to classify telephone services as common carriers as well as the ability to remove common carrier regulation to promote competition, satisfy consumer demand for individually tailored offerings, and avoid unnecessary regulatory costs. The Authors of this Article believe that the FCC should remove the common carrier regulation from certain long-distance service contracts and that such regulation is consistent with the deregulatory aims of the recent Telecommunications …

More Selected Poems On The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 2, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton

Indiana Law Journal

No abstract provided.

A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen

Indiana Law Journal

No abstract provided.

Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.