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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.
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...
1 wrz 2017 · PDF | On Sep 1, 2017, John Linarelli published Legal Certainty: A Common Law View and a Critique | Find, read and cite all the research you need on ResearchGate
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.
At common law, real covenants and equitable servitudes1 do not run with the land unless they touch and concern the land.2 The touch and concern requirement, however, has long been a source of confusion and the target of criticism. In 1998, the American Law Institute (ALI) responded by eliminating the touch and concern requirement in the
Eisenberg, Expression Rules in Contract Law and Problems of Offer and Acceptance, 82 CALIF. L. REV. 1127, 1127 (1994) (“The issue of interpretation is central to contract law, because a major goal of that body of law is to facilitate the power of self-governing parties to further their shared objectives through contracting.”).
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.
