quasi contract example
Straddling the Federal-State Divide: Federal Court Review of Interstate Agency Actions
Until recently, scholarship on administrative federalism has focused on the vertical divide—the relationship between the federal and state governments. A growing body of literature, however, considers the benefits of horizontal federalism—the relationship between two or more states that work together to address shared issues. The interstate compact formalizes agreements among states about how...
- What Are Courts For? Have We Forsaken the Procedural Gold Standard?
509 F.2d 278 (5th Cir. 1975), 73--3686, Louviere v. Shell Oil Co.
... for indemnity as an action or claim in quasi contract for unjust enrichment.' 205 So.2d at ...See, for example, Appalachian Corporation v. Brooklyn Cooperage ...
DOWN THE FINAL STRETCH: STATE SOCIETAL SETTLEMENTS' RES JUDICATA REPERCUSSIONS.
...Hypothetical 10 II. CONTRACTUAL AND PROCEDURAL IMPLICATIONS 11 III. ...For example, P1 and P2 may institute their complaints and ...., Oliver Wendell Holmes famously framed the quasi-sovereign interest in the environment: "[T]he ...
558 U.S. 310 (2010), 08-205, Citizens United v. Federal Election Commission
...The following are just a few examples of restrictions that have been attempted at ... important considerations in property and contract cases, where parties may have acted in ...ated, supervised, and conceptualized as quasi-public entities, "designed to serve a social ...
- Markets as a Moral Foundation for Contract Law
Reverse Regulatory Arbitrage: An Auction Approach to Regulatory Assignments
In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators -specifically, bank examiners- to choose the banks they regulate. We call this "reverse regulatory arbitrage", and we think it can help improve regulatory...
Despite having recognized the constitutional rights of parents almost a hundred years ago, the Supreme Court has not weighed in on the subject of who qualifies as a "parent" under the Fourteenth Amendment in 30 years. In light of the Court's silence, the states have been forced to individually grapple with the issue of constitutional parenthood—a task made exponentially more difficult...
- Tesla, Dealer Franchise Laws, and the Politics of Crony Capitalism
The Substantive Canons of Tax Law.
...(5) The economic substance doctrine, for example, is a two-factor test that turns solely on the ... statutes, from constitutional law to contract law. (192) For example, contracts carry implied ...& Philip P. Frickey, QuasiConstitutional Law: Clear Statement Rules as Constitutional ...
Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank
Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design and resulted in creation of the Consumer Financial Protection Bureau. Another strategy created new substantive prohibitions and corresponding rulemaking powers. A third strategy channeled the forces of federalism,...
466 F.2d 220 (6th Cir. 1972), 71-1948, In-Flight Devices Corp. v. Van Dusen Air, Inc.
... complaint set forth claims of breach of contract and damage to business reputation assertedly ...See, Comment "Long Arm and Quasi In Rem Jurisdiction" supra, n. 11 at 322-25. Cf. ...For example, a claim arising from 'transacting business' may ...
The Trust as Trojan Horse: A Comparative Perspective on Trusts' Role in Japanese Succession Law
In Japan, as in other developed economies, demographic and social change is putting pressure on the established rules of inter-generational wealth transfer. This Article considers how the trust equips Japanese succession law to adapt to a changing society. The trust was adopted into Japanese law in the early 20th Century on the assumption that it would remain practically detached from the rest of
- The Perils of Primacy: Successor Liability for Lenders Turned Declarants in Louisiana Common Interest Communities
Are unions a constitutional anomaly?
...(11) Examples include vestiges of New Deal-style corporatism, ...But employees can be required, if a contract so provides and if state law allows, to pay the ... objectors have a right-- statutory in form, quasi-constitutional in content--to opt out of the ...
- 10 CFR 600.101 - Definitions
Innovation Policy Pluralism.
.... Imagine, for example, a world in which producers of knowledge goods ... preferences before results) procurement contracts, national labs) Ex post (only Fixed prizes IP and ... Too Many Bad Patents?: Evidence from a Quasi-Experiment, 67 STAN. L. REV. 613, 625-31 (2015) ...
809 F.3d 134 (5th Cir. 2015), 15-40238, Texas v. United States
... EPA's decision affected Massachusetts's " quasi-sovereign" interest in its territory:. . . ...For example, it would be difficult to establish stand-ing to ... property, loans, grants, benefits, or contracts." To avoid " carv[ing] the heart out of the ...
842 F.2d 1466 (3rd Cir. 1988), 87-3375, Phoenix Canada Oil Co. Ltd. v. Texaco, Inc.
...In 1965, Minas entered into a contract with a consortium of Gulf and Texaco ... theory, the court ruled, subsumed Phoenix's quasi-contract claim. The court rejected Phoenix's ...For example, in numerous instances individuals identified ...
Corporate law doctrine and the legacy of American legal realism.
... statutory construction is a paradigmatic example of this approach. (9) . The idea that there are ..., in his reconstruction of the law of contractual promises not to compete, claimed that the ... by acting in a legislative or quasi-legislative capacity, those legislative judgments ...
- The Evolution of Relational Property Rights: A Case of Chinese Rural Land Reform
The Original Theory of Constitutionalism.
... from the Roman Principate--itself a land of quasi-monarchy rationalized on popular grounds ... of the early medieval kingdoms, for example, showed a variegated pattern of governance that ... put democracy at the heart of social contract theory in arguing that all sovereignty was ...
- State Standing for Equality
REGULATION AND THE NEW POLITICS OF (ENERGY) MARKET ENTRY.
...For example, society chooses to regulate entry into the ... the expiration of the power purchase contract on which the proposed project was financed. (208) ... High-Voltage Power Line Route: Design of a Quasi-Experimental Prospective Field Study in the ...
Comparative local government law in motion: how different local government law regimes affect global cities' bike share plans.
...Thus, for example, in the Washington, D.C., area, local governments ... cities to enact policies in inter-city contracts or bodies that they are unable to pursue on their ...34. . (141.) See Nadav Shoked, Quasi-Cities, 93 B.U. L. Rev. 1971, 1977-90 (2013). . ...