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Contracts Commons™

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Contracts

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Articles 721 - 750 of 1079

Full-Text Articles in Contracts

Coordination By Default, Richard Warner Mar 1993

Coordination By Default, Richard Warner

All Faculty Scholarship

No abstract provided.


Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo Mar 1993

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 Jan 1993

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 Jan 1993

Beyond Agency Costs: Managing The Corporation For The Long Term, Aleta Estreicher

Articles & Chapters

No abstract provided.


Remembering John Appel, Paul M. Shupack Nov 1992

Remembering John Appel, Paul M. Shupack

Cardozo Law Review

No abstract provided.


Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner Aug 1992

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 May 1992

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 Mar 1992

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 Mar 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Oct 1991

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.


A Slave's Marriage: Dowry Or Deposit, Alan Watson Sep 1991

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 Mar 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Oct 1990

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 Oct 1990

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 Sep 1990

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 Jul 1990

In The Name Of The Law, Samuel Weber

Cardozo Law Review

No abstract provided.


"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag Jul 1990

"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 Feb 1990

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.


Professor Weinrib's Coherence, Alan Brudner Feb 1990

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 Feb 1990

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

Cardozo Law Review

No abstract provided.