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Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals. New to the Seventh Edition: In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was. New cases include: Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR) Snepp v. United States (squib) (constructive trust against an American spy for breach of contract) Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality) Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality) Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC) C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds) Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability) Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic) B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”) Professors and student will benefit from: Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. Restatement and UCC sections integrated to encourage students to consult them as they read the cases. Iconic and contemporary cases combined to show how the classic cases are still relevant. Chapters that begin with a brief, accessible textual introductions. Study Guide questions before each case help focus student attention on salient issues. Flexible organization begins with Remedies, but chapters can be taught in any order.
In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.
In Stateless Commerce, Barak Richman uses the colorful case study of the diamond industry to explore how ethnic trading networks operate and why they persist in the twenty-first century. How, for example, does the 47th Street diamond district in midtown Manhattan—surrounded by skyscrapers and sophisticated financial institutions—continue to thrive as an ethnic marketplace that operates like a traditional bazaar? Conventional models of economic and technological progress suggest that such primitive commercial networks would be displaced by new trading paradigms, yet in the heart of New York City the old world persists. Richman’s explanation is deceptively simple. Far from being an anachronism, 47th Street’s ethnic enclave is an adaptive response to the unique pressures of the diamond industry. Ethnic trading networks survive because they better fulfill many functions usually performed by state institutions. While the modern world rests heavily on lawyers, courts, and state coercion, ethnic merchants regularly sell goods and services by relying solely on familiarity, trust, and community enforcement—what economists call “relational exchange.” These commercial networks insulate themselves from the outside world because the outside world cannot provide those assurances. Extending the framework of transactional cost and organizational economics, Stateless Commerce draws on rare insider interviews to explain why personal exchange succeeds, even as most global trade succumbs to the forces of modernization, and what it reveals about the limitations of the modern state in governing the economy.
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
The 2008/9 crisis in global commercial debt markets exposed glaring deficiencies in corporate and regulatory operational and strategic risk management systems. This collection provides an overview of how narrow conceptions of responsibility in corporate law, organizational practice and regulatory dynamics facilitated the crisis. The first section revisits the debates about the role of the corporation prompted by the publication of The Modern Corporation and Private Property (1932). The second section explores why the conception of enlightened shareholder interest gained and retained potency despite demonstrable failure. The third section explores how the interaction between the foundational assumptions of corporate law and the (questionable) efficacy of shareholder control framed regulatory responses to the growth of financial capitalism. The fourth section examines ways in which excess can be restrained by the interaction between hard law, softer governance arrangements such as principles and, crucially, norms.
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
These reports contain the syllabi of cases which were argued before the court in a given term, the opinions of the court, as well as concurring and dissenting opinions.