The danger of winning: contract law ramifications of successful Bailey challenges for plea-convicted defendants
The government should not be able to reindict defendants after they have succeeded in a collateral attack. Some courts have allowed reindictment based on grounds of breach of plea agreement or rescission of the agreement because of impracticability. The unstated premise of the courts has been that the defendant who agrees to a plea bargain has a contractual obligation to serve the full sentence, but the defendant's only contractual obligation is to enter a plea of guilty. The contract law doctrine of 'frustration of purpose' provides the best support for reindictment, but that doctrine also proves inadequate to justify reindictment.
Publication Name: New York University Law Review
Licensees should clarify software revision rights; parties should negotiate use, ownership and exploitation rights in program alternations
Licensees must clarify their rights to revise software. Many software license agreements limit licensees' rights to make changes. These limitations may just be prohibitions on the creation of derivative works or a notice that modifications will invalidate the warranty or result in termination of the maintenance service agreement. License definitions should differentiate between kinds of anticipated alterations to the licensed software. One way is to differentiate between licensee code that results in changes to the licensed software and licensee code that gives functionality only through an interface from the software developer.
Publication Name: The National Law Journal
- Abstracts: The world of mediation: a spectrum of style. Successful mediation: the do's and don'ts. What type of mediation do you need?
- Abstracts: Destabilizing racial classifications based on insights gleaned from trademark law
- Abstracts: Contract and jurisdiction. Hands off! Civil court involvement in conflicts over religious property. Virtual civil litigation: a visit to John Bunyan's celestial city
- Abstracts: Freedom of contract and labor law reform: opening up the possibilities for value-added unionism. The politics of labor regulation in North America: a reconsideration of labor law enforcement in Mexico
- Abstracts: When is an amendment not an amendment?: modification of arms control agreements without the Senate. No way out: Eighth Amendment protection for do-or-die acts of the homeless