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Articles 31 - 60 of 62
Full-Text Articles in Contracts
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
The Uniform Computer Information Transactions Act: A Well Built Fence Or Barbed Wire Around The Intellectual Commons, Warigia M. Bowman
The Uniform Computer Information Transactions Act: A Well Built Fence Or Barbed Wire Around The Intellectual Commons, Warigia M. Bowman
Articles, Chapters in Books and Other Contributions to Scholarly Works
The Uniform Computer Information Transactions Act (UCITA) is a proposed state contract law developed to regulate transactions in intangible goods such as computer software, online databases and other digital products.' UCITA was intended to act as Article 2B of the Uniform Commercial Code (UCC). Article 2 comprises the law governing commercial transactions in the sale of goods and ensures consistent contract laws from state to state. The stated goal of UCITA is to provide clarity regarding computer information transactions.
Comparing The General Good Faith Provisions Of The Pecl And The Ucc: Appearance And Reality, Harry Flechtner
Comparing The General Good Faith Provisions Of The Pecl And The Ucc: Appearance And Reality, Harry Flechtner
Articles
"Good faith" is a notoriously amorphous and variable concept. Thus it is the interpretation and application of the concept that provides the most important points of comparison for the good faith provisions of the Principles of European Contract Law ("PECL") and the Uniform Commercial Code ("UCC") . The UCC has been in force since the 1950's, and its good faith provisions have been applied in hundreds of cases. In contrast, the PECL is a new phenomenon and its good faith rules have not been applied to actual cases. The comment to PECL Article 1:201, however, includes five concrete illustrations of …
The Property/Contract Interface, Thomas W. Merrill, Henry E. Smith
The Property/Contract Interface, Thomas W. Merrill, Henry E. Smith
Faculty Scholarship
This Article explores the distinction between in personam contract rights and in rem property rights. It presents a functional explanation for why the legal system utilizes these two modalities of rights, grounded in the pattern of information costs associated with each modality. To test this theory, the Article examines four legal institutions that fall along the property/contract interface – bailments, landlord-tenant law, security interests, and trusts – in order to determine how the legal doctrine varies as the underlying situation shifts from in personam, to in rem, to certain relations intermediate between these poles. With respect to each institution, we …
Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson
UIC Review of Intellectual Property Law
Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein
Publications
This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.
An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel
An Inconsistently Sensitive Mind: Richard Posner's Celebration Of Insurance Law And Continuing Blind Spots Of Econominalism, Jeffrey W. Stempel
Scholarly Works
Seventh Circuit Judge Richard Posner is well known for bringing economic analysis to bear on a host of issues, including infamously controversial notions such the market for baby sale. Not surprisingly, Posner's insurance law opinions reflect economics, but perhaps not to the degree one would expect. A review of Posner's 20 years of opinions relating to insurance issues reviews his pragmatic jurisprudence as well. Decisions frequently reflect not only economics but also situational context and considerations of business reality as well as a sophisticated grasp of basic insurance doctrine and contract law. As a general matter, Posner also displays considerably …
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Contracting On The Web: Collegiate Athletes And Sports Agents Confront A New Hurdle In Closing The Deal, Manpreet S. Dhanjal
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley
A Brief History Of Anticipatory Repudiation In American Contract Law, Keith A. Rowley
Scholarly Works
This article traces the evolution of the doctrine of anticipatory repudiation from its foundations laid years before the landmark case of Hochster v. De la Tour, 118 Eng. Rep. 922 (Q.B. 1853), through Hochster, its growing acceptance by American courts in the late-1800s and early-1900s, its canonization in the first Restatement of Contracts (despite the Restatement's principal Reporter's personal objections to the doctrine), its codification in the Uniform Commercial Code, its standardization in the Restatement (Second) of Contracts, and its inclusion in the U.N. Convention on Contracts for the International Sale of Goods. This article devotes considerable attention not only …
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Doctors, Hmos, Erisa, And The Public Interest After Pegram V. Herdrich, Jeffrey W. Stempel, Nadia Von Magdenko
Scholarly Works
The Employee Retirement Income Security Act of 1974 was enacted in the wake of highly publicized pension disasters in order to protect employee pension rights. Born as a piece of pro-worker legislation, it initially was criticized by business groups as a cause of bureaucratic arteriosclerosis that was worse than the disease of pension failures. Even worse, it prompted many employers to consider dispensing with pension plans altogether rather than struggle with the administrative and financial obligations of ERISA. Business, labor, and the public all complained about the law's complexity. It even became something of a national joke as regulators took …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
The Methodological Commitments Of Contemporary Contract Theory, Jody S. Kraus
The Methodological Commitments Of Contemporary Contract Theory, Jody S. Kraus
Faculty Scholarship
Autonomy and economic theories of contract seem to provide incompatible accounts of contract law. In this Chapter, I argue that what appear to be first-order disagreements over particular contract doctrines are really implicit second-order disagreements reflecting the divergent methodological commitments of autonomy and economic theories. I argue that autonomy theories accord priority to the normative project of justifying existing contract doctrine, treat contract law as consisting in the plain meaning of doctrine, require contract theory to explain the distinctive character of contract law, and take the ex post perspective in adjudication. In contrast, economic theories accord priority to the positive …
Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell
Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell
Faculty Works
No abstract provided.
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber
Law Faculty Articles and Essays
Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …
Expectation, Reliance, And The Two Contractual Wrongs, Christopher T. Wonnell
Expectation, Reliance, And The Two Contractual Wrongs, Christopher T. Wonnell
San Diego Law Review
Expectation and reliance are concepts that continue to vie for priority as core organizing principles of contract law. The expectation and reliance interests appear to differ from each other both in how they conceptualize the essential wrong alleged in contract litigation and in how they would propose to remedy that wrong. Expectation views the wrong as the breaking of a promise, and seeks to remedy that wrong by awarding specific or substitutionary relief that will give the promisee the benefit of that promise.' Reliance views the wrong as the making of a promise that induced the promisee to change her …
Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes
Remedies For Imperfect Transactions In Contracts And Torts, David W. Barnes
San Diego Law Review
The papers by Professors DeLong, Wonnell, and Kelly in this Symposium address different types of imperfect transactions. Promises that are the subject of section 90 of the Restatement (Second) of Contracts are imperfect in the sense that they lack consideration or are disclaimed in subsequent, formalized, written contracts.' Section 90 authorizes courts to find remedies for reasonable but fruitless expenditures induced by parties who make promises on which they should reasonably expect others to rely.2 Professor DeLong decries courts' formalist strategies for enforcing disclaimers that eliminate these promisors' potential liability for intentionally imperfect transactions.' Taking Professor DeLong's analysis of imperfect …
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Foreword: Is Reliance Still Dead?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
One thing I found out when I was a prosecutor is that you should never tell a police officer he cannot do something, for that just serves as an open invitation for him to do it. In recent years, I have learned a similar lesson about legal scholarship which I should probably keep to myself but won't. If you proclaim the existence of a scholarly "consensus," this is an open invitation for academics to try to demolish such a claim.
Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White
Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White
Articles
One of Karl Llewellyn's most noted achievements in the Uniform Commercial Code was to impose the duty of good faith on every obligation under the Uniform Commercial Code.1 Some (I am one) have privately thought that imposition of this unmeasurable, undefinable duty was Llewellyn's cruelest trick, but no court, nor any academic writer, has ever been so bold or so gauche as to suggest that good faith should not attend the obligations of parties under the UCC. Notwithstanding this silent indorsement of the duty of good faith, the courts2 and commentators3 have had difficulty in determining what is and what …
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David Snyder
Articles in Law Reviews & Other Academic Journals
This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
Faculty Scholarship
No abstract provided.
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan
Faculty Publications
What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …
New Horizons In Cartel Detection, Jonathan Baker
New Horizons In Cartel Detection, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder
Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder
Articles by Maurer Faculty
This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …
Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee
Rationalising Restitutionary Damages In Contract Law: An Elusive Or Illusory Ques, Andrew Phang, Pey Woan Lee
Research Collection Yong Pung How School Of Law
The present article surveys various issues in the law relating to the award of restitutionary damages in contract law, utilising as its point of focus the recent House of Lords decision in Attorney-General v Blake. It explores, in particular, two possible (albeit quite different) routes towards the recovery of such damages; the first based on the (more traditional) compensatory basis and the second on the (more controversial) restitutionary basis for disgorgement of the defendant's gain. While we argue that there is, on a more general level, no overriding objection in principle to the award of restitutionary damages for cynical breach …
What's My Copy Right?, Michael J. Madison
What's My Copy Right?, Michael J. Madison
Articles
This piece consists of an early 21st century whimsy, a dialogue that borrows and blends history and humor to illustrate some puzzles of copyright law in the context of digital technology (with references to Folsom v. Marsh and Abbott & Costello).
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
Articles & Book Chapters
In practice, most pre-incorporation contracts cause no difficulty for the parties who intend to benefit directly from them. In the normal course of events, once the corporation is incorporated, both the corporation and the third party perform on the contract: However, when the corporation does not come into existence, or comes into existence but refuses to adopt a contract, difficult legal issues arise in relation to the rights and liabilities of the parties? In these situations, the following questions must be -resolved: To what extent is the promoter liable on,the contract? To what extent is the corporation liable on the …
Presenter, "Changing Roles And Relationships Of Law Firms In Silicon Valley," Emory University New Myths, New Rituals, And New Organizational Forms: A Workshop On The New Economy, Atlanta, Ga., Bruce Price
Bruce M Price
No abstract provided.
Presenter, "Invested: An Examination Of Ethics, Conflicts, And Cultural Risks In Law Firm Equity Investment Opportunities," Social Science Research Council Program On Corporation As A Social Institution, Berkeley, Bruce Price
Bruce M Price
No abstract provided.
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi
antonio lordi
No abstract provided.
"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon
"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.