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Articles 1 - 9 of 9
Full-Text Articles in Contracts
A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift
ExpressO
In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?
This article discusses the competing theories and concludes that a remedy that violates state law may …
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
ExpressO
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …
Dead Men Telling Tales - A Policy-Based Proposal For Survivability Of Qui Tam Actions Under The Civil False Claims Act, Vickie J. Williams
Dead Men Telling Tales - A Policy-Based Proposal For Survivability Of Qui Tam Actions Under The Civil False Claims Act, Vickie J. Williams
ExpressO
The civil False Claims Act is a powerful tool used by both the federal government and private citizens, under the statutes "qui tam" or "whistleblower" provisions, to fight fraud against the government. Use of the statute has continually risen in recent years, and recoveries under the statute are in the billions of dollars. The unique relationship between a private citizen whistleblower and the government who both have an interest in the case raises many interesting procedural and substantive issues of federal law. This article proposes an answer to one of these questions. The article proposes that a whistleblower suit survives …
Textual Harassment: A New Historicist Reappraisal With Gender In Mind, Hila Keren
Textual Harassment: A New Historicist Reappraisal With Gender In Mind, Hila Keren
ExpressO
No abstract provided.
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article explores important recent changes in the way that we treat personal property in commercial finance transactions. Among other things, these changes reduce or eliminate the obligation to give notice of interests in personal property when it is used in commercial finance transactions (as, e.g., collateral for a loan).
A principal purpose of notice-filing has been to deter the creation of secret liens, interests in property that are neither recorded nor otherwise readily observable. Secret liens are universally castigated as abhorrent.
Yet, two recent sets of legislative developments suggest that we may care much less about the problem of …
Textual Harassment: A New Historicist Reappraisal, Hila Keren
Textual Harassment: A New Historicist Reappraisal, Hila Keren
ExpressO
This year marks the four hundredth anniversary of the Parol Evidence Rule, the rule that dictates that the interpretation of a written contract should be determined solely according to its text and not influenced by prior contradictory external information. This article uses the occasion to offer a fresh interdisciplinary view of the Rule. The analysis presents a unique contribution to the heated debate regarding the desired levels of formalism and textualism in present-day contract law, by using New-Historicist tools.
Unexplored aspects of the roots of the Rule are illuminated through an in-depth investigation of the first case of the contractual …
Development Agreements: Bargained For Zoning That Is Neither Illegal Contract Or Conditional Zoning, Shelby Green
Development Agreements: Bargained For Zoning That Is Neither Illegal Contract Or Conditional Zoning, Shelby Green
ExpressO
No abstract provided.
The Goals Of Contract Remedies, Mark P. Gergen
The Goals Of Contract Remedies, Mark P. Gergen
ExpressO
This article offers a general account of the rules that regulate exit and loyalty in contract disputes to make some fundamental points about the goals of contract remedies. The dominant goal of these rules, like all of contract remedies, is vindicating contracting rights. When contract rights give way it is almost always for one of two reasons. Rights sometimes give way to advance the goal of efficient performance. This goal is familiarly expressed by the mitigation principle and, in American contract law, by the theory of efficient breach. Rights also give way to advance the goal of remedial simplicity. In …
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
ExpressO
Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …