Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Economics (3)
- Business (2)
- Legal Studies (2)
- Social and Behavioral Sciences (2)
- Business Law, Public Responsibility, and Ethics (1)
-
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Economics (1)
- Geography (1)
- Housing Law (1)
- Human Geography (1)
- Inequality and Stratification (1)
- Insurance Law (1)
- Law and Race (1)
- Law and Society (1)
- Legal Remedies (1)
- Legal Theory (1)
- Other Business (1)
- Other Legal Studies (1)
- Place and Environment (1)
- Political Economy (1)
- Property Law and Real Estate (1)
- Race and Ethnicity (1)
- Real Estate (1)
- Sociology (1)
- Keyword
-
- Contracts (2)
- COVID (1)
- COVID-19 (1)
- Consumer contracts (1)
- Contract (1)
-
- Contractual corporate law (1)
- Corporate governance (1)
- Corporations (1)
- Default (1)
- Drafting costs (1)
- Evictions (1)
- Externalities (1)
- Forms (1)
- Geography (1)
- Innovation (1)
- Interpretation (1)
- Landlords (1)
- Leases (1)
- Mandatory (1)
- Mandatory corporate law (1)
- Non-Performance (1)
- Nonparties (1)
- Paper deal (1)
- Philadelphia (1)
- Private ordering (1)
- Real deal (1)
- Remedies (1)
- Right to Terminate (1)
- Shareholder agreements (1)
- Start-up governance (1)
Articles 1 - 5 of 5
Full-Text Articles in Contracts
A Comment On Colla And Gulati, Cheeky Contracting, Tess Wilkinson-Ryan
A Comment On Colla And Gulati, Cheeky Contracting, Tess Wilkinson-Ryan
All Faculty Scholarship
Colla and Gulati have identified a moment of disequilibrium in contract law and practice that tests the comfortable assumptions and taxonomies of contracts scholars. The dispute seems to pit the parties’ “real deal” against the paper deal, with attorneys for the creditors bewildered at Argentina’s novel and aggressive reading of its obligations. The focus of this commentary is, basically: How cheeky is cheeky?
A Comment On Hillman, Health Crises, David A. Hoffman
A Comment On Hillman, Health Crises, David A. Hoffman
All Faculty Scholarship
No abstract provided.
Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang
Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang
All Faculty Scholarship
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults."
In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primary norm with surprising …
Leases As Forms, David A. Hoffman, Anton Strezhnev
Leases As Forms, David A. Hoffman, Anton Strezhnev
All Faculty Scholarship
We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online …
Stealth Governance: Shareholder Agreements And Private Ordering, Jill E. Fisch
Stealth Governance: Shareholder Agreements And Private Ordering, Jill E. Fisch
All Faculty Scholarship
Corporate law has embraced private ordering -- tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class voting structures, forum selection provisions and tailored limitations on the duty of loyalty. Courts have accepted these provisions as consistent with the contractual theory of the firm, and statutes, in many cases, explicitly endorse their use. Commentators too support private ordering for its capacity to facilitate innovation and enhance efficiency.
Private ordering typically occurs through firm-specific charter and bylaw provisions. VC-funded startups, however, frequently use an alternative tool – shareholder agreements. These agreements, which have …