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Articles 61 - 90 of 152
Full-Text Articles in Contracts
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Faculty Publications
No abstract provided.
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
The Failure Of Economic Interpretations Of The Law Of Contact Damages, Nathan B. Oman
Faculty Publications
The law of contracts is complex but remarkably stable. What we lack is a widely accepted interpretation of that law as embodying a coherent set of normative choices. Some scholars have suggested that either economic efficiency or personal autonomy provide unifying principles of contract law. These two approaches, however, seem incommensurable, which suggests that we must reject at least one of them in order to have a coherent theory. This Article dissents from this view and has a simple thesis: Economic accounts of the current doctrine governing contract damages have failed, but efficiency arguments remain key to any adequate theory …
Legal Determinacy And Moral Justification , Jody S. Kraus
Legal Determinacy And Moral Justification , Jody S. Kraus
William & Mary Law Review
No abstract provided.
Morality And Contract: The Question Of Paternalism, James Gordley
Morality And Contract: The Question Of Paternalism, James Gordley
William & Mary Law Review
No abstract provided.
Contract As A Transfer Of Ownership, Peter Benson
Contract As A Transfer Of Ownership, Peter Benson
William & Mary Law Review
No abstract provided.
The Moral Impossibility Of Contract, Peter A. Alces
The Moral Impossibility Of Contract, Peter A. Alces
William & Mary Law Review
No abstract provided.
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
Introductory Remarks: Contract Law And Morality, Nathan B. Oman
William & Mary Law Review
No abstract provided.
Guerilla Terms, Peter A. Alces
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
William & Mary Law Review
No abstract provided.
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Faculty Publications
No abstract provided.
Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer
Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer
Faculty Publications
No abstract provided.
Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie
Apportioning The Risk Of Delay In Construction Projects: A Proposed Alternative To The Inadequate "No Damages For Delay" Clause, Carl S. Beattie
William & Mary Law Review
No abstract provided.
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
On Discovering Doctrine: "Justice" In Contract Agreement, Peter A. Alces
Faculty Publications
No abstract provided.
Unity And Pluralism In Contract Law, Nathan B. Oman
Unity And Pluralism In Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Faculty Publications
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …
Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella
Leveling The Playing Field: Applying The Doctrines Of Unconscionability And Condition Precedent To Effectuate Student-Athlete Intent Under The National Letter Of Intent, Michael J. Riella
William & Mary Law Review
No abstract provided.
Contract Reconceived, Peter A. Alces
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
Preventing The Birth Of Drug-Addicted Babies Through Contract: An Examination Of The C.R.A.C.K. Organization, Juli Horka-Ruiz
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
William & Mary Law Review
No abstract provided.
Promises And Paternalism, E. Allan Farnsworth
Promises And Paternalism, E. Allan Farnsworth
William & Mary Law Review
No abstract provided.
Regret And Contract "Science", Peter A. Alces
Regret And Contract "Science", Peter A. Alces
Faculty Publications
No abstract provided.
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
William & Mary Law Review
No abstract provided.
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
William & Mary Law Review
No abstract provided.
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
William & Mary Law Review
No abstract provided.
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
Tortious Interference: The Limits Of Common Law Liability For Newsgathering, Sandra S. Baron, Hilary Lane, David A. Schulz
William & Mary Bill of Rights Journal
Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley
William & Mary Bill of Rights Journal
Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …
The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal
The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal
William & Mary Law Review
No abstract provided.
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
William & Mary Law Review
No abstract provided.
Decent And Indecent Proposals In The Law: Reflections On Opening The Contracts Discourse To Include Outsiders, Beverly Horsburgh
Decent And Indecent Proposals In The Law: Reflections On Opening The Contracts Discourse To Include Outsiders, Beverly Horsburgh
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces
William & Mary Law Review
No abstract provided.