Contracts

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Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

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The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

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The Promise Principle and Contract Interpretation, Suffolk (2011)

The promise principle and its roots in a certain type of morality of individual obligation,...

 

The Promise Principle and Contract Interpretation, Suffolk (2011)

The promise principle and its roots in a certain type of morality of individual obligation,...

 

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JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Incomplete Contracts

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SYMPOSIUM InCOMPLETE CONTRACTS: JUDICIAL RESPONSES, TRANSACTIONAL PLANNING AND LITIGATION STRATEGIES, CASE WESTERN LAW REVIEW (2005)

Scholars working in the law-and-economics tradition have suggested that courts should use a hypothetical bargain...

 

Interpretation

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A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

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Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation, Kentucky Law Journal (2007)

Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule...

 

Contracts Legal Intervention

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A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

Incorporation

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Judicial Incorporation of Trade Usages: A Functional Solution to the Opportunism Problem, Connecticut Law Review (2006)

This Article argues that the strategy of rejecting trade usages unless they are part of...

 

Assent-Based Liability

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A New Theory of Assent-Based Liability Emerging Under the Guise of Promissory Estoppel: An Explanation and Defense, The Wayne Law Review (1987)

This article demonstrates that apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria...

 

Default Rules

Reliance and Hold Up

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Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem (2007)

Recently, two scholars, Alan Schwartz and Robert Scott, have cast doubt on the conventional view...

 

Economics

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The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

PDF

JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

PDF

A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

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A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy, ExpressO (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

Bankruptcy Law

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A Consequential Approach to Interpretation and Interpretive Risk: Rethinking Judicial Intervention from Contracts to the Chrysler Bankruptcy, ExpressO (2010)

Abstract When contracts remain ambiguous or incomplete, courts and scholars must confront the inevitable question...

 

Courts

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JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Jurisprudence

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JUDICIAL INTERVENTION AS RISK REDUCTION, ExpressO (2011)

JUDICIAL INTERVENTION AS RISK REDUCTION J. P. Kostritsky Employing an economics-based consequentialist approach to contract...

 

Norms

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The Law and Economics of Norms, Texas International Law Journal (2013)

This Article examines the increased importance of norms in the law and economics of exchange....

 

Law and Economics

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Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Practice and Procedure

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Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Law and Society

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Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...

 

Corporations

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Context Matters--What Lawyers Say About Choice of Law Decisions in Merger Agreements, ExpressO (2014)

ABSTRACT: The study of choice of law provisions in merger agreements yields various...