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The Enforceability of Consent-to-Assign Provisions in Texas Oil and Gas Leases

Jun 1, 2018 | Article, Contracts, Jason Wright, Margaret V. Sachs, Oil, Gas, and Mineral, T. Ray Guy

By T. Ray Guy and Jason Wright Abstract Oil and gas leases are unique instruments that, on their face, appear to be contracts or traditional landlord–tenant leases. Indeed, landowners often desire to have them treated as such by including provisions giving a lessor...

The Economic Purpose of the Contract Clause

Dec 1, 2013 | Article, Author, Contracts, David Crump

By David Crump Abstract Article I, Section 10 of the Constitution provides that no state shall make any law “impairing the obligation of contracts.”‘ After a flurry of applications following ratification of the Constitution, which generally upheld...

Teaching Contract Law: Introducing Students to a Critical Perspective through Indentured Servitude and Sharecropper Contracts

Jun 1, 2013 | Article, Contracts, Gregory Crespi

By Gregory Scott Crespi Abstract An introductory law school course in contract law should at the outset provide students with some general orientation to the rationale for and social consequences of that body of law. The instructor should first present a broad...

Teaching Contract Law through Common Law Analysis: The UCI Law Experiment

Jun 1, 2013 | Article, Contracts, Gregory Crespi

By Gregory Scott Crespi Abstract The new law school at the University of California, Irvine, is attempting to implement an innovative vision of top-tier legal education that emphasizes skills-based and experiential training. As part of that effort, the school has...

Who is Liable for Attorney’s Fees under Texas Civil Practice & Remedies Code Section 38.001 in breach of Contract Litigation

Mar 1, 2012 | Article, Contracts, Gregory Crespi

By Gregory Scott Crespi Abstract Section 38.001 of the Texas Civil Practice & Remedies Code is a broad attorney’s fees statute that allows a person to recover reasonable attorney’s fees from an “individual or corporation” if “the...

Contract Theory and Some Realism about Employee Covenant Not to Compete Cases

Mar 1, 2012 | Article, Contracts, Daniel P. O'gorman

By Daniel P. O’gorman Abstract For centuries scholars have debated why the legal system enforces contracts, with no consensus having been reached. This failure of consensus suggests that judges likewise disagree as to why contracts are (or should be) legally...

A Contractual Deterrence Strategy for User-Generated Copyright Infringement and Subsequent Service Provider Litigation

Jun 1, 2011 | Amanda Harmon Cooley, Article, Contracts, Copyright

By Amanda Harmon Cooley Abstract As technology evolves, society is confronted by a broad spectrum of new problematic conduct with which legislatures and courts often struggle to keep pace. Internet activity has presented novel legal dilemmas, especially when such...

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