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Articles 4981 - 5010 of 7560

Full-Text Articles in Contracts

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 Jan 1996

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 …

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More Selected Poems On The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 2, Douglass Boshkoff Jan 1996

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.

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As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship Jan 1996

As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship

Faculty Journal Articles and Book Chapters

Problems of commercial law are apt to be similar or at least comparable in all commercial countries, so that in this field, perhaps more than in any other, foreign experience is likely to be instructive. As was said by a leading English scholar, "The value of comparative investigation of commercial law is so obvious as to make it unnecessary to labour the point."

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Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman Jan 1996

Gestation, Intent, And The Seed: Defining Motherhood In The Era Of Assisted Human Reproduction, Malina Coleman

Cardozo Law Review

This Article examines whether legal motherhood should be based on the preconception intentions of the two women who contribute a reproduction function, on genetic contribution, or on gestation. After assessing the costs and benefits that the various rules generate, the Article recommends that intent should be the determinative factor, but only if a system of rules is in place to protect against overreaching in surrogacy agreements. Otherwise, motherhood should be based on gestation alone.

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The Interaction Of The Doctrine Of Reasonable Expectations And Ambiguity In Drafting: The Development Of The Kentucky Formulation, Amy D. Cubbage Jan 1996

The Interaction Of The Doctrine Of Reasonable Expectations And Ambiguity In Drafting: The Development Of The Kentucky Formulation, Amy D. Cubbage

Kentucky Law Journal

No abstract provided.

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International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein Jan 1996

International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein

Faculty Scholarship

No abstract provided.

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Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce Jan 1996

Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce

Faculty Scholarship

One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …

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Alienation Of Conservation Easements, Richard B. Collins Jan 1996

Alienation Of Conservation Easements, Richard B. Collins

Publications

No abstract provided.

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Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker Jan 1996

Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Sovereignty And Regionalism, Horacio A. Grigera Naón Jan 1996

Sovereignty And Regionalism, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Roles Of The State And The Market In Establishing Property Rights, Andrzej Rapaczynski Jan 1996

The Roles Of The State And The Market In Establishing Property Rights, Andrzej Rapaczynski

Faculty Scholarship

Using the experiences of Eastern Europe as an example, this article argues that, contrary to the economists' assumption that property rights are a precondition of a market economy, market institutions are often a prerequisite for a viable private property regime. Progress in the development of complex property rights in Eastern Europe, thus, cannot be expected to come primarily from a perfection of the legal system. Instead, it is more likely to arise as a market response to the demand for property rights. Indeed, legal entitlements can only be expected to become effective against a background of self-enforcing market mechanisms.

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Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Nov 1995

Newsletter Vol.23 No.4 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

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The Parol Evidence Rule And The United Nations Convention On Contracts For The International Sale Of Goods: Justifying Beijing Metals & Minerals Import/Export Corp. V. American Business Center, Inc., David H. Moore Nov 1995

The Parol Evidence Rule And The United Nations Convention On Contracts For The International Sale Of Goods: Justifying Beijing Metals & Minerals Import/Export Corp. V. American Business Center, Inc., David H. Moore

BYU Law Review

No abstract provided.

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Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba Oct 1995

Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba

Oregon Law Institute, 1995

Course Materials from the October 27, 1995 Program in Portland

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Tort In A Contractual Matrix, John G. Fleming Oct 1995

Tort In A Contractual Matrix, John G. Fleming

Osgoode Hall Law Journal

This article addresses one aspect of the interface between tort and contract: the way tort law is affected, whether by extending or contracting its reach, by the parties coming together against a contractual structure. Two basic situations are considered. The first concerns the effect of a contractual limitation clause on the tort liability of, or to, a third party such as a subcontractor's to the building owner. The second considers what effect to attribute to a plaintiff's failure to protect himself or herself in advance by contracting against the risk

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Newsletter Vol.23 No.3 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Sep 1995

Newsletter Vol.23 No.3 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

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A New Use For An Old License: Who Owns The Right?, Barbara D. Griff Sep 1995

A New Use For An Old License: Who Owns The Right?, Barbara D. Griff

Cardozo Law Review

In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …

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The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton Jul 1995

The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton

Indiana Law Journal

No abstract provided.

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Is The Pearson Airport Legislation Unconstitutional?: The Rule Of Law As A Limit On Contract Repudiation By Government, Patrick J. Monahan Jul 1995

Is The Pearson Airport Legislation Unconstitutional?: The Rule Of Law As A Limit On Contract Repudiation By Government, Patrick J. Monahan

Osgoode Hall Law Journal

It has long been assumed that Parliament has unlimited power to enact legislation cancelling valid contracts and denying compensation to any persons affected. This paper challenges that conventional wisdom. The author argues that the principle of the rule of law requires that governments be accountable in the ordinary courts for wrongful actions of government officials. This principle is undermined if government is absolved from any liability for breach of a fairly bargained and valid contract. Thus, legislation purporting to abrogate contracts and deny compensation is invalid, since it violates the implied limits on legislative authority associated with the rule of …

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The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii Jun 1995

The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii

Michigan Law Review

This Note argues that courts should adopt a narrow reading of the employment contract exception to the FAA, thus making arbitration agreements in most individual employment contracts enforceable under the Act. Part I argues that a textual analysis of the FAA supports a narrow interpretation of the exception. Because some courts and commentators have argued that the text favors a broad interpretation, Part II examines the legislative history of the exception and demonstrates that no firm conclusions can be drawn about congressional intent regarding the exception's scope. Finally, Part III demonstrates that a narrow reading of the exception best serves …

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The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal May 1995

The Disclosure Obligations Of Partners Inter Se Under The Revised Uniform Partnership Act Of 1994: Is The Contractarian Revolution Failing?, Allan W. Vestal

William & Mary Law Review

No abstract provided.

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Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges May 1995

Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges

Michigan Law Review

A Review of The Commercial Law of Intellectual Property by Peter A. Alces and Harold F. See

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State Of Israel V. Apropim, Aharon Barak, Dov Levin, Eliahu Mazza Apr 1995

State Of Israel V. Apropim, Aharon Barak, Dov Levin, Eliahu Mazza

Translated Opinions

Facts: Because of large-scale immigration from the countries of the former Soviet Union, the appellant wished to encourage the speedy building of residential apartments. This was done within the framework of a ‘Programme Contract’, which gave incentives to builders in the form of a State guarantee to buy apartments that were not sold on the open market, and it provided for sanctions in the event of delays. The incentives were particularly significant in development areas, where the State undertook to buy all the apartments that were not sold on the open market. However, the contract was drafted carelessly, and it …

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Newsletter Vol.23 No.2 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions Apr 1995

Newsletter Vol.23 No.2 1995, National Center For The Study Of Collective Bargaining In Higher Education And The Professions

National Center Newsletters

No abstract provided.

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Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia Apr 1995

Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia

Cardozo Journal of International and Comparative Law

The article examines the tension between France's dirigiste traditions and the introduction of competition law, particularly through the 1986 Competition Statute. While the statute aimed to establish legal principles to protect competition and reduce government discretion, the enduring influence of dirigisme—emphasizing state control and administrative prerogatives—continues to challenge the effectiveness of competition law. The *Ville de Pamiers* case highlights this conflict, as it tests the boundaries of competition law's applicability to public services and administrative acts. The analysis reveals that the struggle to balance competition law with dirigiste traditions reflects broader conflicts in redefining the role of government in a …

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Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham Apr 1995

Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.

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Where Is The Freedom In Freedom Of Contract?: A Comment On Trebilcock's The Limits Of Freedom Of Contract, Hamish Stewart Apr 1995

Where Is The Freedom In Freedom Of Contract?: A Comment On Trebilcock's The Limits Of Freedom Of Contract, Hamish Stewart

Osgoode Hall Law Journal

Michael Trebilcock's recent exploration of the limits of freedom of contract systematically considers both the instrumental and the intrinsic value of freedom or autonomy in an economic analysis. A third way of thinking about the value of freedom of contract is to take it as a presupposition of contract law: that is, freedom of contract is not just instrumentally or intrinsically desirable, but is conceptually necessary to contract law. Two examples are presented to suggest that by not considering this third perspective, Trebilcock leaves himself without a structure in which to deal with some of the issues that trouble him.

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Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Apr 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Osgoode Hall Law Journal

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.

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The Idea Of A Public Basis Of Justification For Contract, Peter Benson Apr 1995

The Idea Of A Public Basis Of Justification For Contract, Peter Benson

Osgoode Hall Law Journal

The essay has two main objects. The first is to take up and to develop certain of the difficulties that Professor Trebilcock finds with autonomy and welfare-based theories of contract law. The essay reaches the conclusion that efficiency, autonomy, and welfare approaches suffer from fundamental and yet qualitatively different kinds of defects. Moreover, in the course of its critical examination of these theories, the essay introduces and makes explicit an ideal of justification which The Limits of Freedom of Contract only implicitly assumes-an ideal of justification which the essay, following the recent work of Rawls, calls a "public basis of …

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Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock Apr 1995

Critiques Of The Limits Of Freedom Of Contract: A Rejoinder, Michael J. Trebilcock

Osgoode Hall Law Journal

This rejoinder to the foregoing critiques of the author's book, The Limits of Freedom of Contract, focuses on several themes: a) what range of contractually-related issues do courts possess the requisite institutional competence to address? b) whether problematic normative issues in contract law are amenable to rational analysis and at least provisional resolution, or are inherently indeterminate, contingent, and political? c) what the value of individual autonomy implies in terms of the type of transactions parties should be permitted to engage in? d) whether an "internal" rather than consequentialist theory of contract law is conceivable? and e) whether autonomy values …

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