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Articles 721 - 750 of 1079
Full-Text Articles in Contracts
Coordination By Default, Richard Warner
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Washington and Lee Law Review
No abstract provided.
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher
Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher
Articles & Chapters
No abstract provided.
Remembering John Appel, Paul M. Shupack
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Cardozo Law Review
No abstract provided.
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne
Dalhousie Law Journal
This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Cardozo Law Review
No abstract provided.
Taxation Of Notional Principal Contracts: Implications For U. S. Persons, Myra J. Schlosberg
Taxation Of Notional Principal Contracts: Implications For U. S. Persons, Myra J. Schlosberg
St. Thomas Law Review
This article will critically analyze current U.S. tax treatment of NPCs used in the ordinary course of business as asset and liability management tools. Examples are used to illustrate the principles stated within the article. The focus will be to suggest a rational and coherent tax treatment based on two tenets. First, a policy which treats similar financial instruments in a consistent manner should be adopted to avoid anomalous or tax favored results. This would address the intuitive sense amongst legislative and administrative tax authorities, as well as tax practitioners, that an efficient and equitable tax system should tax economically …
Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman
Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman
Journal Articles
Book review of Enterprise and American Law 1836-1937 by Herbert Hovenkamp. Cambridge, MA: Harvard University Press, 1991
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
Oklahoma's Evolving Employment Law: Clarifying The At-Will Rule, Harry F. Tepker
Oklahoma's Evolving Employment Law: Clarifying The At-Will Rule, Harry F. Tepker
Faculty Articles
No abstract provided.
Nationwide Service Of Process In State Courts, David Carlebach
Nationwide Service Of Process In State Courts, David Carlebach
Cardozo Law Review
No abstract provided.
A Slave's Marriage: Dowry Or Deposit, Alan Watson
A Slave's Marriage: Dowry Or Deposit, Alan Watson
Scholarly Works
This articles examines the concept of dowry among marriage of slaves in ancient Rome.
Teaching Legal Ethics In Contracts, Scott J. Burnham
Teaching Legal Ethics In Contracts, Scott J. Burnham
Journal of Legal Education
No abstract provided.
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Standing In The Shadows: Honoring The Contractual Obligations Of Cohabitants For Support, Tammy L. Lewis
Seattle University Law Review
Initially, this Comment will examine traditional theories of marital support and their relation to post-cohabitant support. Next, this Comment will review express contract, implied-in-fact contract, and quasi-contract theories of support and how these different theories have been effectively applied by various state courts. A brief discussion follows concerning federal courts and the confusion surrounding the federal jurisdiction of cohabitation actions. Finally, the contract theories of relief will be contrasted against proposed legal status solutions.Ultimately, this Comment concludes that post-cohabitation support issues are best resolved through contract theories. Solutions based on legal status are extremely intrusive and impose unbargained-for terms upon …
Drafting The Dispute Resolution Clause, Whitmore Gray
Drafting The Dispute Resolution Clause, Whitmore Gray
Book Chapters
Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Nursing Home Contracts: Is It Time For Bad Faith To Come Out Of Retirement?, Charles A. Lattanzi
Journal of Law and Health
For certain types of contracts, the remedy for the breach of the implied duty of good faith and fair dealing has been found to lie in tort. Until the Supreme Court's ruling in Pilot Life Ins. Co. v. Dedeaux, courts were rapidly extending the application of the tort of bad faith breach of contract into areas beyond the traditionally accepted realm of insurance contracts. Most significant for the purposes of this note was the expansion into the area of health care services, specifically health maintenance organizations. Perhaps because of the chilling effect Pilot Life has had upon this form of …
Law And Equity In Contract Enforcement, Emily L. Sherwin
Law And Equity In Contract Enforcement, Emily L. Sherwin
Maryland Law Review
No abstract provided.
Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman
Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Selected Poems On The Law Of Contracts, Douglass Boshkoff
Selected Poems On The Law Of Contracts, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman
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
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.
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Contract Versus Contractarianism: The Regulatory Role Of Contract Law, Jean Braucher
Washington and Lee Law Review
No abstract provided.
In The Name Of The Law, Samuel Weber
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
The Internal And External Analysis Of Concepts, Randy Barnett
The Internal And External Analysis Of Concepts, Randy Barnett
Cardozo Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Cardozo Law Review
No abstract provided.