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Articles 31 - 60 of 112
Full-Text Articles in Contracts
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel Beh, Jeffrey W. Stempel
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel Beh, Jeffrey W. Stempel
Cardozo Law Review
No abstract provided.
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Cardozo Law Review
Recent research has shown that large companies select New York law and New York courts to govern disputes under commercial contracts. Because these parties make choice-of-law and forum selection decisions before conflicts arise, there is reason to believe that their preference for New York reflects an effort to select efficient terms. This Article compares New York's contract law with that of its most natural competitor, California. It turns out that New York strictly enforces bargains and displays little tolerance for efforts to rewrite deals ex post. California, in contrast, more willingly reforms contracts for reasons of fairness, equity, morality, or …
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Cardozo Law Review
Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …
The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish
The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish
Cardozo Law Review
No abstract provided.
The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith
The Disordered And Discredited Plaintiff: Psychiatric Evidence In Civil Litigation, Deirdre M. Smith
Cardozo Law Review
This Article examines civil defendants' use of evidence of a plaintiff's alleged current or prior psychiatric diagnosis or treatment by analyzing and critiquing the three primary rationales offered in support of the relevancy of such evidence: (1) to suggest an alternative cause of the plaintiff's alleged psychological injuries; (2) to impeach the plaintiff's credibility by asserting that a mental illness interferes with the plaintiff's ability to recount or to perceive events accurately; and (3) to reveal certain propensities that inform how the plaintiff likely acted with respect to the events at issue in the litigation. While attaching a label of …
Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins
Terms Subject To Change: Assent And Unconscionability In Contracts That Contemplate Amendment, Daniel Watkins
Cardozo Law Review
No abstract provided.
The Market For Contracts, Geoffrey P. Miller, Theodore Eisenberg
The Market For Contracts, Geoffrey P. Miller, Theodore Eisenberg
Cardozo Law Review
Recent empirical work has established that New York supplies the law and forum in nearly half the material commercial contracts of public firms. In this respect New York plays a role for commercial contracts analogous to the role played by Delaware with respect to corporate charters. Is the revealed preference for New York law and forum merely the result of choices made by the contracting parties, or does New York actively compete for this business? This paper describes ways in which New York seeks to attract and retain corporate contracts in competition with other potential providers of law and forum. …
The Flight To New York: An Empirical Study Of Choice Of Law And Choice Of Forum Clauses In Publicly-Held Companies' Contracts, Theodore Eisenberg, Geoffrey P. Miller
The Flight To New York: An Empirical Study Of Choice Of Law And Choice Of Forum Clauses In Publicly-Held Companies' Contracts, Theodore Eisenberg, Geoffrey P. Miller
Cardozo Law Review
We study choice of law and choice of forum in a data set of 2,882 contracts contained as exhibits in Form 8-K filings by reporting corporations over as six month period in 2002 for twelve types of contracts and a seven month period in 2002 for merger contracts. These material contracts likely are carefully negotiated by sophisticated parties who are well-informed about the contract terms. They therefore provide evidence of efficient ex ante solutions to contracting problems. In prior work examining merger contracts, acquiring firms incorporated in Delaware tended to select Delaware law or a Delaware forum to govern disputes …
Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp
Aging Out Of Foster Care: Enforcing The Independent Living Program Through Contract Liability, Jennifer Sapp
Cardozo Law Review
No abstract provided.
Finding Fault: Implications Of Importing The Title Vii Standard For Vicarious Punitive Liability To The Fair Housing Act, Jessica Reingold Katz
Finding Fault: Implications Of Importing The Title Vii Standard For Vicarious Punitive Liability To The Fair Housing Act, Jessica Reingold Katz
Cardozo Law Review
No abstract provided.
Why Contracts Scholars Should Read Legal Philosophy: Positivism, Formalism, And The Specification Of Rules In Contract Law, Curtis Bridgeman
Why Contracts Scholars Should Read Legal Philosophy: Positivism, Formalism, And The Specification Of Rules In Contract Law, Curtis Bridgeman
Cardozo Law Review
No abstract provided.
Renegotiations And Settlements: Dr. Pangloss's Notes On The Margins Of David Campbell's Papers, Stewart Macaulay
Renegotiations And Settlements: Dr. Pangloss's Notes On The Margins Of David Campbell's Papers, Stewart Macaulay
Cardozo Law Review
No abstract provided.
"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet
"The Last Full Measure Of Devotion:" Sacrifice And Textual Authority, Ronald R. Garet
Cardozo Law Review
No abstract provided.
Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie
Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie
Cardozo Law Review
No abstract provided.
Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx
Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx
Cardozo Law Review
No abstract provided.
Say "Ahhh!": A New Approach For Determining The Cram Down Interest Rate After Till V. Scs Credit, Michael Elson
Say "Ahhh!": A New Approach For Determining The Cram Down Interest Rate After Till V. Scs Credit, Michael Elson
Cardozo Law Review
No abstract provided.
Assignability Of Covenants Not To Compete: When Can A Successor Firm Enforce A Noncompete Agreement?, Adam Schneid
Assignability Of Covenants Not To Compete: When Can A Successor Firm Enforce A Noncompete Agreement?, Adam Schneid
Cardozo Law Review
No abstract provided.
Literature As An Institution, Bernhard Schlink
Literature As An Institution, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright
Rendered Impracticable: Behavioral Economics And The Impracticability Doctrine, Aaron J. Wright
Cardozo Law Review
No abstract provided.
Civil Rights Liability Of Private Entities, Barbara Kritchevsky
Civil Rights Liability Of Private Entities, Barbara Kritchevsky
Cardozo Law Review
No abstract provided.
Private Protection Of Patentable Goods, Jonathan M. Barnett
Private Protection Of Patentable Goods, Jonathan M. Barnett
Cardozo Law Review
No abstract provided.
Specters Of Nietzsche: Potential Futures For The Concept Of The Political In Agamben And Derrida, Adam Thurschwell
Specters Of Nietzsche: Potential Futures For The Concept Of The Political In Agamben And Derrida, Adam Thurschwell
Cardozo Law Review
No abstract provided.
Contracts Of Convenience: Preventing Employers From Unilaterally Modifying Promises Made In Employee Handbooks, Brian T. Kohn
Contracts Of Convenience: Preventing Employers From Unilaterally Modifying Promises Made In Employee Handbooks, Brian T. Kohn
Cardozo Law Review
No abstract provided.
"Buyer's Regret" No Longer: Drafting Effective Mac Clauses In A Post-Ibp Environment, Sherri L. Toub
"Buyer's Regret" No Longer: Drafting Effective Mac Clauses In A Post-Ibp Environment, Sherri L. Toub
Cardozo Law Review
No abstract provided.
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
Cardozo Law Review
No abstract provided.
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Cardozo Law Review
No abstract provided.
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock
Cardozo Law Review
What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …
Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly
Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly
Cardozo Law Review
No abstract provided.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal
Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal
Cardozo Law Review
Current law and economics literature identifies two main types of errors courts can make in applying antitrust law. Courts may erroneously label conduct as anticompetitive even though competition is not harmed. Alternatively, courts may fail to identify, and thus fail to attack, anticompetitive conduct. This Article focuses on a third possible error - where a court correctly identifies anticompetitive conduct, but its mode of interference, i.e., its prescribed remedy, harms competition. It analyzes this error in the context of anticompetitive contract reformation. Such error occurs, for example, where a court has chosen one reformation option that is less efficient and …