Harvard Law Review Forum
Contract and Promise
Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise, 120 Harv. L. Rev. 708 (2007)
Contract Law
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Contract Law
On Enforcing Viral Terms
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Constitutional Theory
Trimming
In law and politics, some people are trimmers. They attend carefully to competing positions and attempt to steer between the poles. Trimming might be defended as a heuristic for what…
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Administrative Law
Our Schmittian Administrative Law
Our administrative law contains, built right into its structure, a series of legal “black holes” and “grey holes” – domains in which statutes, judicial decisions, and institutional practice either explicitly…
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Contract Law
Bi-Economy Market, Inc. v. Harleysville Insurance Co.
New York Court of Appeals Holds that Insurers May Be Liable for Consequential Damages.
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Contract Law
Lewis v. Lewis
Colorado Supreme Court Holds Defendants Liable for Full Profits from the Sale of a Home by Applying Unjust Enrichment Theory to an Informal Agreement Between Close Relatives.
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Contract Law
Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties
Courts in recent years have perceived threshold obstacles to the enforcement of treaties deriving from their nature as contracts between nations that generally depend for their efficacy on the interest…
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Contract Law
TIG Insurance Co. v. Giffin Winning Cohen & Bodewes, P.C.
Seventh Circuit Affirms Dismissal of Insurer's Legal Malpractice Suit.
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Contract Law
Satisfaction and Posner’s Morin Opinion: Aliquando Bonus Dormitat Posnerus?
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Contract Law
Good Faith in Contract Performance: Market Associates Ltd. Partnership v. Frey