Contracts Commons^™

Contracts, B. Morris Martin

Mercer Law Review

In 1990 the Georgia General Assembly passed an Act addressing a long-standing debate concerning the proper limits on contracts that restrain parties in their trade, business, or employment. After reaffirming the principle that contracts in general restraint of trade are against public policy and void, the general assembly codified the exception to the rule carved out by the courts. This exception held reasonable restraints on competition in business or employment are partial restraints of trade and are not against public policy. The Act, which became effective on July 1, 1990, amended section 13-8-2 of the Official Code of Georgia Annotated …

Newsletter Vol.18 No.4 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

The Strategic Structure Of Offer And Acceptance: Game Theory And The Law Of Contract Formation, Avery Katz

Michigan Law Review

The purpose of this article is to promote a particular research program; namely, the use of game theory to analyze the law of contract formation. Although I will often simply speak of offer and acceptance in my discussion, I mean to refer to a broader set of issues than are commonly denoted by this doctrinal label. My program transcends the narrow issue of whether particular communications technically should be classified as offers and acceptances, and includes questions often analyzed under the rubrics of implication and interpretation. At its broadest, my argument addresses all legal rules that answer two types of …

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Faculty Publications

No abstract provided.

Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss

Cardozo Law Review

No abstract provided.

Newsletter Vol.18 No.3 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher

Washington and Lee Law Review

No abstract provided.

Arcadian Phosphates, Inc. V. Arcadian Corp.- Taming Texaco's Agreement In Principle, Jonathan O. Hafen

BYU Law Review

No abstract provided.

Terminating At-Will Employment Contracts In Utah Subsequent To Berube V. Fashion Centre, George P. Barbaresi

BYU Law Review

No abstract provided.

In The Name Of The Law, Samuel Weber

Cardozo Law Review

No abstract provided.

Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

Cardozo Law Review

No abstract provided.

Teaching Parol Evidence, James D. Gordon Iii

BYU Law Review

No abstract provided.

Champagne-Webber, Inc. V. City Of Fort Lauderdale, 519 So. 2d 696 (Fla. 4th Dca 1988), Enrico G. Gonzalez

Florida State University Law Review

Contract Law/Sovereign Immunity-THE DEMISE OF SOVEREIGN IMMUNITY IN THE CONTRACTUAL BATTLE AGAINST STATE AGENCIES

Newsletter Vol.18 No.2 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Civil Rico Reform: The Gatekeeper Concept, Michael Goldsmith, Mark J. Linderman

Vanderbilt Law Review

Since coming into vogue in the mid-1980s, civil RICO has often been criticized and targeted for reform. Critics claim that civil RICO is too broad because it potentially applies to all commercial transactions.More specifically, opponents claim that RICO's inclusion of mail and wire fraud as predicate acts unjustly subjects all "legitimate businesses" to liability.For example, Representative Rick Boucher, sponsor of the 1989 RICO reform legislation, has stated:

"Fraud allegations are commonly made in contract situations, and all that is needed to convert a simple contract dispute into a civil RICO case is the allegation that there was a contract and …

Chapter 5 - Matrimonial Bonds: Slavery And Divorce In Nineteenth-Century America (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

In the covenant of marriage, woman is compelled to promise obedience to her husband, he becoming, to all intents and purposes, her master -- the law giving him power to deprive her of her liberty, and to administer chastisement. He has so framed the law of divorce . . . as to be wholly regardless of the happiness of women -- the law, in all cases, going upon a false supposition of the supremacy of man, and giving all power into his hands.

Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel

University of Arkansas at Little Rock Law Review

No abstract provided.

Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman

Michigan Law Review

In this article, I shall try to illuminate the question of how governments, as opposed to private insurers, grapple with the problem of intergenerational social irresponsibility. I shall do so by analyzing and criticizing a single public program. That program, the Michigan Education Trust (MET), was the most widely publicized government action in the field of higher education finance during the 1980s. MET allows parents of young children to purchase contracts promising to cover the children's tuition at Michigan public colleges when they enroll up to eighteen years later.

In setting forth this case study, I also attempt to develop …

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey Kuklin

Faculty Scholarship

No abstract provided.

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.

Professor Weinrib's Coherence, Alan Brudner

Cardozo Law Review

No abstract provided.

Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn

Cardozo Law Review

No abstract provided.

Newsletter Vol.18 No.1 1990, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer

UIC Law Review

No abstract provided.

Saudi-Arabian Contract Law: A Comparative Perspective, Carol Lee Childress

St. Thomas Law Review

This paper will focus on a core component of Saudi Arabian business law - the law of contracts - and will look at its development from a U.S. lawyer's perspective. A brief history of Islam and the basic tenets of Islamic law along with a brief description of the Saudi Arabian governmental structure will provide the necessary background information. This paper will go on to highlight the roots of Saudi Arabian contract law in the teachings of Islam, including the conflicts over the interpretation of the Shari'a, and point out aspects of Islamic law that are quite foreign to the …

Genuinely Distressing: Illinois' Failure To Allow A Cause Of Action For Emotional Injuries Caused By Negligent Mishandling Of A Corpse, 23 J. Marshall L. Rev. 353 (1990), Kevin E. Bry

UIC Law Review

No abstract provided.

Individual Negotiation Of Warranty Disclaimers: An Economic Analysis Of An Assumedly Market Enhancing Rule, Thomas J. Holdych, George Ferrell

Seattle University Law Review

In this Article, we will examine the economic forces that shape the typical contract for the sale of goods to determine whether Berg's requirements of explicit negotiation and specific disclosure are justified, and if not, whether the Berg rules should be modified or abolished. In particular, we will examine how buyers and sellers determine the terms of the contracts they enter. Most importantly, we will consider the common assertion that consumers have no ability to bargain and therefore have no influence on what terms merchants and manufacturers include in their standard contracts. We will also consider whether merchants systematically …

The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman

Seattle University Law Review

This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …

Legal Malpractice: Is It Tort Or Contract?, Blanche M. Manning Honorable

Loyola University Chicago Law Journal

No abstract provided.