In defense of the sales statute of frauds and parole evidence rule: a fair price of admission to the courts

Article Abstract:

Oral communication is often hampered by misunderstandings, hence the need for the parole evidence rule and written contracts, laws which correctly and fairly provide plaintiffs with entry to the litigation process. The parole evidence rule, embodied in UCC 2-202, has been unjustly attacked and its repeal would cause an increase in judicial mistakes and oral contract litigation. The sales statute of frauds, embodied in UCC 2-201, should likewise not be repealed, especially since it fits in well with the modern business world.

United States, Interpretation and construction, Statute of frauds, Evidence (Law)

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Authority of federal courts to compel party attendance at settlement conferences: sound authorization or creative coercion?

Article Abstract:

The extent of federal court authority to require parties' presence at settlement conferences has been the subject of litigation. Federal Rule of Civil Procedure 16 covers judicial authority to schedule these conferences, but its ambiguity makes it possible for judges to abuse this power. Uniform federal procedure is also threatened when a rule is vague enough for judges to interpret it in different ways. The rule should be amended or the Supreme Court should consider the issue.

Management, Compromise and settlement, Settlements (Law), Judicial power, Pre-trial procedure, Pretrial procedure

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Courts and free markets: perspectives from the United States and Europe

Article Abstract:

825-3664

Books, Book Review, Book reviews, A, Oxford University Press, Courts and Free Markets: Perspectives from the United States and Europe (Book), Sandalow, Terrance, Stein, Eric

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