Should the Law Ignore Commercial Norms? A Comment on the Bernstein Conjecture and Its Relevance for Contract Law Theory and Reform

Jason S. Johnston;

Scholarship

Should the Law Ignore Commercial Norms? A Comment on the Bernstein Conjecture and Its Relevance for Contract Law Theory and Reform

Jason S. Johnston

PUBLISHER

Michigan Law Review

DATE

2001

UVA Law Faculty Affiliations

Jason S. Johnston

Citation

Jason S. Johnston, Should the Law Ignore Commercial Norms? A Comment on the Bernstein Conjecture and Its Relevance for Contract Law Theory and Reform, 99 Michigan Law Review, 1791–1810 (2001).

More in This Category

Academic Economic Espionage?
Elizabeth A. Rowe
In 2018 then-Attorney General Jeff Sessions announced that Chinese espionage was occurring in university research labs, and the Department of Justice... MORE
Bounded Extraterritoriality
Ruth Mason
Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and... MORE
National Security Creep in Corporate Transactions
Kristen Eichensehr

Cathy Hwang
National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic... MORE

Qualitative Market Definition
Thomas B. Nachbar
Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and... MORE
Executive Compensation and Corporate Governance
Michael Doran
Over the past quarter century, Congress has enacted several major reforms for retirement plans and individual retirement accounts, usually with large... MORE
Green Bonds, Empty Promises
Quinn Curtis

G. Mitu Gulati
We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with... MORE

Nonparty Interests in Contract Law
Cathy Hwang
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and... MORE
National Pork is a Bibb Case, Not a Pike Case
Ruth Mason
In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California,... MORE
Executive Compensation, Corporate Governance, and Tax Policy
Michael Doran
Over the past four decades, persistent concerns about executive compensation have prompted the US Congress to enact penalty taxes aimed at various... MORE

Less Restrictive Alternatives and the Ancillary Restraints Doctrine
Thomas B. Nachbar
In Ohio v. American Express, both the majority and dissent injected into Supreme Court jurisprudence a new test for evaluating restraints under the... MORE
ESG and Private Ordering
Michal Barzuza

Quinn Curtis
Easterbrook and Fischel’s seminal book The Economic Structure of Corporate Law has taught us the crucial role of markets in shaping the corporate... MORE
A Modern Poor Debtor's Oath
Rich Hynes
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford... MORE

Proposal on Climate-Related Disclosures for Investors [File No. S7-10-22]
Julia D. Mahoney

Paul G. Mahoney

Edmund W. Kitch
We appreciate the contributions of colleagues who have commented on the SEC’s proposal for mandatory climate-related disclosure rules for public... MORE
Collaborative Intent
Cathy Hwang
Why do parties—even sophisticated ones—draft contracts that are vague or incomplete? Many others have tackled this question, but this Article argues... MORE
Contractual Depth
Cathy Hwang
Who is the intended audience of a contract? A court, who may be called upon to resolve a dispute, is one audience. Another is commercial communities... MORE

The Forms and Functions of Tort Law
Kenneth S. Abraham
The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases... MORE
Comment on The Limits of Public Contract Law
Cathy Hwang
In May of 2020, my friends were supposed to get married. Like all organized people, they had a contract for a venue, for catering, for a cake, and... MORE
The Instrumental Case for Corporate Diversity
Naomi R. Cahn
The moral case for diversity in businesses is compelling. The business case for diversity (that “diverse companies do better”) is mixed: studies in... MORE

Scholarship

Should the Law Ignore Commercial Norms? A Comment on the Bernstein Conjecture and Its Relevance for Contract Law Theory and Reform

UVA Law Faculty Affiliations

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY