Category Archives: Contract Law

E. Farish Percy, Applying the Common Fund Doctrine to an Erisa-Governed Employee Benefit Plan’s Claim for Subrogation or Reimbursement

61 Fla. L. Rev. 55 (2009) | | | | INTRODUCTION :: Imagine that you sustain brain injury when your car collides with another vehicle. You incur $ 1 million in medical expenses, which your employee welfare benefit plan, governed … Continue reading

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Jennifer S. Martin, Adapting U.C.C. § 2-615 Excuse for Civilian-Military Contractors in Wartime

61 Fla. L. Rev. 99 (2009) | | | | ABSTRACT :: When should a civilian seller of goods who delays delivery or cancels altogether under a wartime contract be able to claim excuse under U.C.C. Article 2? The unprecedented … Continue reading

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Kevin R. Reitz, Demographic Impact Statements, O’Connor’s Warning, and the Mysteries of Prison Release: Topics from a Sentencing Reform Agenda

61 Fla. L. Rev. 683 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it … Continue reading

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Allison Sirica, A Great Gamble: Why Compromise Is the Best Bet to Resolve Florida’s Indian Gaming Crisis

61 Fla. L. Rev. 1201 (2009) | | | | INTRODUCTION :: “Indian gaming is a national multi-billion dollar enterprise and growing.” Even in 2008, amidst an economic downturn, the revenues generated by the tribal gaming industry continued to show … Continue reading

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Julia Patterson Forrester, Still Crazy After All These Years: The Absolute Assignment Of Rents In Mortgage Loan Transactions

59 Fla. L. Rev. 487 (2007) | | | | ABSTRACT :: This Article explores the problems caused by the absolute assignment of rents in mortgage loan transactions, which have continued for more than a century, and discusses possible solutions. … Continue reading

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Brandon Faulkner, Hacking into Data Breach Notification Laws

59 Fla. L. Rev. 1097 (2007) | | | | INTRODUCTION :: On March 23, 2007, a news agency announced that the police department in Gainesville, Florida, arrested six individuals on charges that they had stolen credit card data from … Continue reading

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