Contracts Commons^™

Too Many Theories, Todd D. Rakoff

Michigan Law Review

A Review of Michael J. Trebilcock, The Limits of Freedom of Contract

Newsletter Vol.24 No.2 1996, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Franchising In The Shadow Of Contract Law: A New Fidelity For Business Relations, Richard Haigh

Dalhousie Law Journal

The institution of franchising has experienced a remarkable growth in North America in recent years. This has provoked a variety of legislative and judicial responses. This article examines the reasons behind the rise of franchising. It proceeds to examine the principal models of statutory regulation of franchise arrangements, and also the range of common law doctrines which courts have brought to bear on disputes arising out of such contracts. The author points out deficiencies in the existing models of franchise regulation and, drawing on legal responses to family disputes, proposes an alternative.

Allied-Bruce Terminix Companies V. Dobson: The Implementation Of The Purposes Of The Federal Arbitration Act Or An Unjustified Intrusion Into State Sovereignty?, Lauri Washington Sawyer

Mercer Law Review

In Allied-Bruce Terminix Companies v. Dobson, the United States Supreme Court held that section 2 of the Federal Arbitration Act ("FAA) was applicable to contract actions which were brought in state court. The controversy began with a house originally owned by Mr. and Mrs. Gwin in Fairhope, Alabama. In 1987, the Gwins purchased a lifetime termite protection plan from the local Allied-Bruce Terminix office, a franchise of Terminix International. The termite protection plan was to protect the house "'against the attack of subterranean termites,' to reinspect the house periodically, to provide any 'further treatment found necessary,' and to repair, …

Habermas And The Postal Rule, Peter Goodrich

Cardozo Law Review

It seems somewhat churlish at the end of so much discussion, at the terminus of the circulation of so extensive a commentary and critical appraisal of a single text, to offer further doubts, to intimate certain additional, and worse, extraneous criticisms of Jurgen's contribution to jurisprudence. Nonetheless, there is a tangible theme of misunderstanding, noncomprehension, and failed communication that has accompanied the debate in this conference and can act as the proximate emblem of the following intervention. This essay will simply suggest that there is little in Habermas's study of legal discourse and of the conditions under which the rule …

Newsletter Vol.24 No.1 1996, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

The Four Phases Of Promissory Estoppel, Eric Mills Holmes

Seattle University Law Review

Case law accurately delineates the four evolutionary stages of promissory estoppel. As an overview, promissory estoppel has evolved in American case law in four developmental stages: (1) Estoppel Phase, consisting initially of “defensive equitable estoppel” to estop contract defenses based on statutes of limitations and the statute of frauds. In the second part of this first phase, courts have extended “estoppel” based on representations of facts to “promissory” representations and enforced the promissory basis of the representation, thereby creating an affirmative theory of relief. Thus, this first phase of promissory estoppel consists of defensive equitable estoppel and offensive equitable estoppel. …

Mandatory Arbitration: Alternative Dispute Resolution Or Coercive Dispute Suppression?, Sharona Hoffman

Faculty Publications

The enforceability of mandatory arbitration policies contained in employment contracts between employees and their direct employers remains an open question, even after the Supreme Court's 1991 decision in Gilmer v. Interstate Johnson Lane Corp. While Gilmer gave effect to a mandatory arbitration clause in a contract between a securities broker and his licensing exchange, the Court noted that the contract at issue was not an ordinary employment contract between employer and employee. The Court declined to decide whether arbitration agreements in ordinary employment contracts are per se enforceable under the Federal Arbitration Act or whether these provisions are exempt from …

Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel

Scholarly Works

The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …

A Case Study Of Bad Faith Refusal To Settle: Doctrinal, Normative And Practical Analysis Of Missouri Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson

Oklahoma Law Review

No abstract provided.

Oil And Gas: Roye Realty & Developing V. Watson--An Answer To The Take-Or-Pay Royalty Issue In Oklahoma Or Simply More Confusion?, James Muenker

Oklahoma Law Review

No abstract provided.

Guilty Knowledge, Daniel S. Kleinberger

Faculty Scholarship

Agency law's attribution rules impose most of the risk of agent misconduct on the party who selects the agent and benefits from the agent's endeavors, i.e., the principal. The rules thus help establish and maintain a proper balance of risk between principals and third parties. Unfortunately, a recent unpublished decision of the Minnesota Court of Appeals, Engen v. Mitch's Bar & Grill, threatens to upset that balance and release principals from responsibility for an important type of information possessed by their agents. Engen is dangerous, despite its unpublished status. This Case Note seeks to eliminate any influence the case might …

The Death Of Reliance, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In the mid-1970s, it was an article offaith that contract was not properly conceived as a means by which persons could, by their own choice, make law for themselves to govern their relations. Instead, contract was thought best conceived as the rectification of injuries persons may have caused by their verbal conduct in much the same way that persons have a duty to rectify the injuries caused by their physical acts. With contracts, these injuries consisted of detrimental reliance on the words of another. So conceived, both contract and tort duties are imposed by law, and do not arise from …

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

Book Review Of Contracts: Cases And Commentaries, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

The fifth edition of Boyle and Percy, Contracts: Cases and Commentaries manifests this tension between the ideas market and the products market. When one contrasts this edition to the first there is a significant, though by no means fundamental, shift in emphasis. The ideas dimension has taken on a larger role, but mostly in the form of a grafting onto the conventional structure rather than through conceptual reorientation. The following brief comments attempt to assess the benefits and costs of this incrementalist strategy in the spirit of what bell hooks and Cornel West have described as "critical affirmation".

Gas Sale Contracts Under The Uniform Commercial Code, James J. White

Book Chapters

In the last decade, many oil and gas lawyers have learned more than they wish to know about the Uniform Commercial Code (U.C.C.). Like it or not, Article 2 of the U.C.C. governs most contracts for the sale of natural gas. Section 2-107(1) draws a distinct line between leases, deeds, and other conveyances of minerals in place, on the one hand, and the sale of the minerals by the miner or producer after the minerals have been severed, on the other. The consequence of this rule is that Article 2 has little or nothing to say about the sale of …

The Triumph Of Gilmore's The Death Of Contract, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1995 In Review, Thomas F. Williamson, Stacey L. Valerio, Stephanie P. Gilson

American University Law Review

No abstract provided.

The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sovereignty And Regionalism, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Neo-Institutional Paradigm For Contracts Formed In Cyberspace: Judgment Day For The Statute Of Frauds, Marc E. Szafran

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Gould, Inc. V. United States: Contractor Claims For Relief Under Illegal Contracts With The Government, Michael T. Janik, Margaret C. Rhodes

American University Law Review

No abstract provided.

Rethinking A Corporation’S Obligations To Creditors, Steven L. Schwarcz

Cardozo Law Review

No single body of law presently governs a corporation's obligations to creditors. However, disparate laws, starting from different perspectives, contribute to a patchwork of obligations that is poorly understood. Consequently, corporate directors have little guidance when balancing creditor and shareholder rights under corporate restructurings, securitizations, and leveraged transactions.

Commentators who have grappled with this issue focus almost exclusively on the fiduciary duty of a corporation's board of directors to shareholders. Some argue that only shareholders should be entitled to the duty; others argue that the duty should be extended to creditors under various circumstances. This Article maintains that both approaches …

Compensating Caregiving Relatives: Abandoning The Family Member Rule In Contracts, Jonathan S. Henes

Cardozo Law Review

The law presumes that a person who performs a valuable service for another will be compensated. However, a limited exception to this principle exists when the services are performed between family members. This exception, also known as the family member rule, is a nineteenth century creation that arose from the courts' understanding of the dynamics of the nineteenth century household. However, the household of the nineteenth century has all but disappeared from contemporary society. With the disappearance of this household, the issue that arises is whether the family member rule is still necessary. This Note argues that it is not …

Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews

Cardozo Law Review

Part I of this Note examines the mistake made by the Tenth Circuit in Octagon Gas. It further discusses the related problem inherent in a district court's belief that it is bound by a circuit court's previous Erie decision in light of the recent Winter Panel decision. Part II demonstrates that, despite the doctrine of precedent, district courts are not invariably bound by the diversity decisions of their circuit courts under the modem Erie doctrine, and therefore, should independently determine the state issues before them. Part III returns to Winter Panel and examines how the District Court of Massachusetts …

More Selected Poems On The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 2, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.