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22 wrz 2022 · Common law rules are the paradigm form of malleable rules. Legal rules have a core and a penumbra. A common law rule can be articulated through more than one expression of the core of the rule, through evolution of the meaning of the core, or through modification of the rule’s penumbra.
Malleability refers to the idea that the strength and scope of patent rights can be altered by the actors who interact with a patent well after it has issued. Patent law is full of mechanisms that allow for these post-issuance changes, yet there seems to be no good theoretical argument that supports malleability.
1 wrz 2022 · Common law rules are the paradigm form of malleable rules. Legal rules have a core and a penumbra. A common law rule can be articulated through more than one expression of the core of the...
These three aspects of autonomy shape the range, limit, and floor, respectively, for the legitimate use of contract. They provide a principled and constrained path for law reform. I. Robert Stevens argues that autonomy as self-authorship should not serve as contract law’s normative foundation.
23 sty 2019 · four theories of liability that are usually argued to impose pre-contractual. liability on a party: (1) unjust enrichment, (2) fraud and misrepresentation, (3) promissory estoppel, and (4) a duty...
L. Rev. 1151 (1985) (tracing and critiquing the history of the claim that law is political). 12. The idea that moral criticism of law should be grounded in premises themselves drawn from law can be traced to natural law theoretical approaches to law’s criticisms and to some strands of liberal legalism as well.
In particular, this handout will address what to do before you begin interpreting a statute (Part I), tools of statutory interpretation (Part II), and theories of statutory interpretation (Part III) that can help inform which tools of interpretation you employ.
