Karl Llewellyn and the Origins of Contract Theory

@inproceedings{Schwartz1999KarlLA,
  title={Karl Llewellyn and the Origins of Contract Theory},
  author={Alan Schwartz},
  year={1999}
}
Karl Llewellyn was America's leading legal realist, academic law reformer, and Sales Law theorist. Though extensive analyses exist of Llewellyn's performance in the first two of Llewellyn's roles exist, no studies use his original work to evaluate his performance in the third role. Citation analysis reveals that many of the ideas in these articles retain value today, but modern scholars commonly infer his views on contract theory from more recent sources. This essay is predicated on the notion… CONTINUE READING

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SHOWING 1-10 OF 18 REFERENCES

A History of the Uniform Commercial Code: 1940-49 ", 51 S

  • n. 63 at 193. Llewellyn's acceptance of the efficienc 6, efficiency., Uptown Act Allan R. Kamp
  • Methodist L. Rev. 275,283
  • 1998

'pictures in judges' heads of what trade looked like, and what trade meant, as going far to determine what type of quality obligation they read into the dicker of the parties

  • Llewellyn saw
  • Legal Design and the Evolution of Commercial Norms,
  • 1997
VIEW 1 EXCERPT

The Law, Economics and Organization Perspective," Working Paper No

  • As evidence for this claim, the American Economics Association once commissioned K Boulding, +13 authors Revisiting Legal Realism
  • 95 12, Program in Law and Economics, School of Law, Berkeley
  • 1996
VIEW 1 EXCERPT

Fact and Value in Karl Llewellyn, 1977 Duke L

  • Articles claiming Llewellyn believed that dispute-, that courts thus should discover, include Richard Danzig A Comment on the Jurisprudence of t implement these norms, Escape from Liberalism Kenneth Casebeer
  • J. 671; Alexander M. Meiklejohn, Castles in the Air: Blanket Assent and the Revision of Article 2, 51 Wash. & Lee L. Rev. 599 (1994); Allen R. Kamp, Between-the- Wars Social Thought: Karl Llewellyn, Legal Realism, and the Uniform Commercial Code in Context, 59 Albany L. Rev. 325
  • 1995
VIEW 1 EXCERPT

Concepts like 'title', 'property right

  • III William W. Fisher
  • The Development of Modern American Legal Theory and the Judicial Interpretation of the Bill of Rights,
  • 1994
VIEW 1 EXCERPT

Efficient Investment under Expectation Damages, 12 J

  • See, e.g., Aaron Edlin, Cadillac Contracts, Up-Front Payments
  • Law, Econ. & Org. 98 (1996); Benjamin E. Hermalin and Michael Katz, Judicial Modification of Contracts Between Sophisticated Parties: A More Complete View of Incomplete Contracts and Their Breach, 9 J. Law, Econ. & Org. 230
  • 1993
VIEW 1 EXCERPT

An Analysis of Contracting for Damage Measures, 100 Yale L

  • The Economics of Liquidated Damage Clauses in Contract Parties prefer remedies that do not overcompensate, Org. 582, The Myth That Promisees Prefer Supra Compensatory Reme Schwartz
  • J. 369
  • 1990
VIEW 1 EXCERPT

A Case Study in American Pragmatic Instrumentalism, 39 Am

  • Unconscionability problems usually concern mass transactions large firms, individual consumers. These transactions cannot be well under information, +8 authors The Intellectual Origins of American Strict Products Liability
  • J. Legal Hist. Cambridge Books Online © Cambridge University Press, 2009 Downloaded from Cambridge Books Online by IP 130.132.173.150 on Sun Dec 14 20:03:14 GMT 2014. http://dx.doi.org/10.1017/CBO9780511527449.002 Cambridge Books Online © Cambridge University Press, 2014 Karl Llewellyn and the Origi
  • 1988
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