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Full-Text Articles in Legal Remedies
Alternative Methods Of Appellate Review In Trade Remedy Cases: Examining Results Of U.S. Judicial And Nafta Binational Review Of U.S. Agency Decisions From 1989 To 2005, Juscelino F. Colares
Alternative Methods Of Appellate Review In Trade Remedy Cases: Examining Results Of U.S. Judicial And Nafta Binational Review Of U.S. Agency Decisions From 1989 To 2005, Juscelino F. Colares
Faculty Publications
When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a new dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now the North American Free Trade Agreement), the U.S. Congress and trade negotiators expected that the new dispute settlement panels would apply U.S. law and the standard of review in the same manner as U.S. courts. This requirement was embodied in the text of the agreement and has at least nominally been applied by Chapter 19 panels ever since. Empirical analysis of seventeen years of decisions now allows a conclusion …
Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky
Uncertainty, Reliance, Preliminary Negotiations And The Hold Up Problem, Juliet P. Kostritsky
Faculty Publications
Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view that courts would find liability and award reliance damages in precontractual cases that resembled the famous Hoffman v. Red Owl case. They have argued that courts deny recovery for reliance in cases involving precontractual preliminary negotiation but regularly grant reliance recovery following a preliminary agreement. They identify a pattern or sequence in which success is likely and then provide an analytical framework to justify liability. When parties reach a preliminary agreement that also includes an agreement that they both invest simultaneously and one party strategically …