Contracts - Financial Institutions Reform, Recovery, and Enforcement Act - Federal Circuit holds federal government liable for breach of thrift contracts. Winstar Corp v. United States
Article Abstract:
The Federal Circuit Court of Appeals' 1995 Winstar decision held the US government liable for breaching a contract with a failed savings and loan, finding that the Financial Institutions Reform, Recovery, and Enforcement Act breached such contracts. Although the sovereign acts doctrines was ruled inapplicable in such cases, the Court failed to determine the types of government contracts covered by the doctrine. This doctrine should be redrawn as a two-part test of governmental contracting capacity.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Plea agreements - Ninth Circuit allows post-plea agreement collateral attack based on change in underlying law
Article Abstract:
The US 9th Circuit Court of Appeals in United States v. Sandoval-Lopez held that challenges to plea bargained convictions on the basis of changes in underlying law are allowable if the agreements do not explicitly state otherwise. The Court inconsistently resorted to the contract principles it stated were applicable. The result is further ambiguity in the practical and doctrinal application of contract law to plea bargaining issues.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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