Friday, June 4, 2010
Erin Burrows & F. John Podvin, Jr., Revisiting the FDIC's "Superpowers": Contract Repudiation and D'Oench Duhme, 127 Banking L.J. 395 (2010).
J.W. Carter & Yihan Goh, Concurrent and Independent Rights to Terminate for Breach of Contract, 26 J. Contract L. 103 (2010).
Charles Y.C. Chew, The Application of the Defence of Non Est Factum: An Exploration of its Limits and Boundaries, 13 U.W. Sydney L. Rev. 83 (2009).
Kevin E. Davis,* Case Comment, Penalty Clauses through the Lens of Unconscionability Doctrine: Birch v. Union of Taxation Employees, Local 70030, 55 McGill L.J. 151 (2010).
Robert W. Emerson, Franchise Encroachment, 47 Am. Bus. L.J. 191 (2010).
Stephen J. Leacock, Echoes of the Impact of Webb v. McGowin on the Doctrine of Consideration Under Contract Law: Some Reflections on the Decision on the Approach of its 75th Anniversary, 1 Faulkner L. Rev. 1 (2009).
Eliza Mik, "Updating" the Electronic Transactions Act? — Australia’s Accession to the UN Convention on the Use of Electronic Communications in International Contracts 2005, 26 J. Contract L. 184 (2010).
Catherine Mitchell, Contract Interpretation: Pragmatism, Principle and the Prior Negotiations Rule, 26 J. Contract L. 134 (2010).
Nicholas F. Pompelio, Note, Restitution in Favor of the Party-in-Breach: Contract Law in Massachusetts Remains a Breeding Ground for Unjust Enrichment, 43 New Eng. L. Rev. 617 (2009).
Mark R. Shulman & Lachmi Singh, China's Implementation of the UN Sales Convention Through Arbitral Tribunals, 48 Colum. J. Transnat'l L. 242 (2010).
Marcia J. Staff, United Nations Convention on Contracts for the International Sale of Goods: Lessons Learned from Five Years of Cases, 6 S.C. J. Int'l L. & Bus. 1 (2009).
Robert Steinbuch, Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis of Physician Non-Compete Clauses, 74 Mo. L. Rev. 1051 (2009).
Charles A. Sullivan, The Puzzling Persistence of Unenforceable Contract Terms, 70 Ohio St. L.J. 1127 (2009).
Christopher W. Weller, Enforcing Non-Compete Agreements in Alabama, 1 Faulkner L. Rev. 135 (2009).
* - Yes. That's my friend, and Beller Family Professor of Business Law at NYU, Kevin Davis. As the 20th anniversary of receiving his B.A. in Economics from McGill draws near, Kevin -- or at least his work -- has ventured back to k.d. lang's homeland to publish a case comment (normally the province -- pun intended -- of law students South of the 49th parallel), as well as an article on legal universalism that's forthcoming in the Spring 2010 University of Toronto Law Journal symposium issue hono[u]ring Michael Trebilcock, whose The Limits of Freedom of Contract (Harvard 1993) is but one of his several "must reads" for those interested in contract theory and, more particularly, economic perspectives on contract law.
[Keith A. Rowley]