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Articles 1 - 30 of 31
Full-Text Articles in Contracts
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Srividhya Ragavan
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Private Law In The Gaps, Jeffrey A. Pojanowski
Private Law In The Gaps, Jeffrey A. Pojanowski
Jeffrey A. Pojanowski
Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …
Bankruptcy On The Side, Kenneth Ayotte, Anthony J. Casey, David A. Skeel Jr.
Bankruptcy On The Side, Kenneth Ayotte, Anthony J. Casey, David A. Skeel Jr.
Kenneth Ayotte
This article provides a framework for analyzing side agreements in corporate bankruptcy, such as intercreditor and “bad boy” agreements. These agreements are controversial because they commonly include a promise by one party to remain silent – to waive some procedural right they would otherwise have under the Bankruptcy Code – at potentially crucial points in the reorganization process. Using simplified examples, we show that side agreements create benefits in some instances, but parties to a side agreement may have incentive to contract for specific performance or excessive stipulated damages that impose negative externalities on non-parties to the agreement. A promise …
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
The Influence Of Marvin V. Marvin On Housework During Marriage, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
John D. McCamus
In recent years, a series of leading cases have returned to consider these questions. The implications of these decisions for the current shape of English law relating to civil redress for privacy invasion are the subject of this article. Surprisingly, perhaps, English courts have remained steadfast in their refusal to recognize invasion of privacy as a tort and in doing so have quite explicitly declined to rely on American experience in this area. Rather, English courts have preferred to resist innovation of this kind and leave the difficult question of privacy law reform to Parliament. On a number of recent …
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
John D. McCamus
No abstract provided.
Three Recent Works On Contractual Interpretation [Part 1], John D. Mccamus
Three Recent Works On Contractual Interpretation [Part 1], John D. Mccamus
John D. McCamus
No abstract provided.
The Law Of Society: Governance Through Contract, Peter Zumbansen
The Law Of Society: Governance Through Contract, Peter Zumbansen
Peer Zumbansen
This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law, and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that …
Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen
Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen
Peer Zumbansen
This Article attempts to bridge two discourses—corporate governance and contract governance. Regarding the latter, a group of scholars has recently set out to develop a more comprehensive research agenda to explore the governance dimensions of contractual relations, highlighting the potential of contract theory to develop a more encompassing theory of social and economic transactions. While a renewed interest in the contribution of economic theory for a concept of contract governance drives one dimension of this research, another part of this undertaking has been to move contract theory closer to theories of social organization. Here, these scholars emphasize the “social” or …
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Eliza Mik
The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law …
The Danger Of Winning: Contract Law Ramifications Of Successful Bailey Challenges For Plea-Convicted Defendants, T. Alper
Ty Alper
Evaluates contract law ramifications of successful challenges for plea-convicted defendants. Examination of district courts that allowed reindictment subsequent to successful collateral attack; Defendant obligations under a typical plea agreement; Factors dictating the frequency of using the contract law doctrine of frustration of purpose.
Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo
Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo
José Gabilondo
During the last financial crisis, what should the Federal Reserve (the Fed) have done when lenders stopped making loans, even to borrowers with sterling credit and strong collateral? Because the central bank is the last resort for funding, the conventional answer had been to lend freely at a penalty rate against good collateral, as Walter Bagehot suggested in 1873 about the Bank of England. Acting thus as a lender of last resort, the central bank will keep solvent banks liquid but let insolvent banks go out of business, as they should. The Fed tried this, but when the conventional wisdom …
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge
Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge
Mark Edwin Burge
Salomon Redux: The Moralities Of Business, Allan C. Hutchinson, Ian Langlois
Salomon Redux: The Moralities Of Business, Allan C. Hutchinson, Ian Langlois
Allan C. Hutchinson
In this Essay, we revisit the Salomon case and its related litigation not only from a legal standpoint but also from a broader moral perspective. 4 In the second Part, we offer a detailed context for and account of the Salomon litigation. The third Part focuses on the historical roots of the corporation and the judicial arguments in Salomon. In the fourth Part, we explore the moral and legal consequences of the Salomon decision. Throughout the Essay, our ambition will be not only to give the Salomon case a more contextual and richer spin but also to tackle the relationship …
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Sex, Videos, And Insurance: How Gawker Could Have Avoided Financial Responsibility For The $140 Million Hulk Hogan Sex Tape Verdict, Christopher French
Christopher C. French
The Insurability Of Claims For Restitution, Christopher French
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
The Insurability Of Claims For Restitution, Christopher French
The Insurability Of Claims For Restitution, Christopher French
Christopher C. French
The God Paradox, Joshua A.T. Fairfield
Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman
Proposed Deal Between Sam Bradford And Eagles' Fans, Stephen E. Friedman
Stephen E Friedman
No abstract provided.
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Eliza Mik
No abstract provided.
Contracts Governing The Use Of Websites, Eliza Mik
Contracts Governing The Use Of Websites, Eliza Mik
Eliza Mik
With the progressive transformation of the Internet from a romanticised instrument of freedom and self-expression into a commercial platform for digital distribution, most websites must be recognised as access interfaces to a wide range of content and services. This paper examines the contracts purportedly governing the use of such content and services. It explores the difficulties of establishing legal intention in a context that is not unambiguously commercial or transactional and contrasts popular beliefs with the basic principles of contract law. It draws a clear distinction between contracts governing traditional e-commerce exchanges, such as buying books on Amazon.com, and contracts …
Contracts Governing The Use Of Websites, Eliza Mik
Contracts Governing The Use Of Websites, Eliza Mik
Eliza Mik
With the progressive transformation of the Internet from a romanticised instrument of freedom and self-expression into a commercial platform for digital distribution, most websites must be recognised as access interfaces to a wide range of content and services. This paper examines the contracts purportedly governing the use of such content and services. It explores the difficulties of establishing legal intention in a context that is not unambiguously commercial or transactional and contrasts popular beliefs with the basic principles of contract law. It draws a clear distinction between contracts governing traditional e-commerce exchanges, such as buying books on Amazon.com, and contracts …
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law -- The Singapore Example, Eliza Karolina Mik
Eliza Mik
No abstract provided.
Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt
Justice, Employment, And The Psychological Contract, Larry A. Dimatteo, Robert C. Bird, Jason A. Colquitt
Larry A DiMatteo
The paper is a multidisciplinary collaboration between contract law, employment law and management scholars and draws from the fields of law, management, and psychology. After reviewing and noting the gaps in the employment and justice literatures, this paper presents the findings of a survey of 763 participants to measure whether certain variables—procedural and substantive fairness, as well as educating employees on the principle of employment at will—impact the propensities of employees to retaliate and litigate at the time of discharge. The survey results are significant and striking. We find statistically significant reductions in retaliation and litigation rates when survey respondents …
Emerging Payment Systems And The Primacy Of Private Law, Mark Edwin Burge
Emerging Payment Systems And The Primacy Of Private Law, Mark Edwin Burge
Mark Edwin Burge
No abstract provided.
Catalyzing Fans, Howard Wasserman, Dan Markel, Michael Mccann
Catalyzing Fans, Howard Wasserman, Dan Markel, Michael Mccann
Howard M Wasserman
This paper proposes the development of Fan Action Committees (“FACs”), which, like their political counterpart ("PACs"), could mobilize and empower fans to play a larger role in the decision-making associated with which “production teams” the talent will work. We outline two institutional options: FACs could directly compensate talent by crowdfunding, or they could make donations to charities favored by talent. We then discuss both obstacles and objections from a variety of policy and legal perspectives ranging from competitive balance to distributive justice. Finally, we consider possible extensions of the FAC model as well as offer some ruminations on why FACs …
Trophy Hunting Contracts: Unenforceable For Reasons Of Public Policy, Myanna Dellinger
Trophy Hunting Contracts: Unenforceable For Reasons Of Public Policy, Myanna Dellinger
Myanna Dellinger
No abstract provided.
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall
Brian M McCall
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
Christopher C. French
Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French