The Volokh Conspiracy
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Classes #4: "Enumerated Powers II – The New Deal Court" and "The Contract of Sale II"
Now, without the buzzing feedback
My class videos for today are on YouTube. I was able to eliminate the buzzing feedback sound.
Class 4: Enumerated Powers II – The New Deal Court (8/26/20)
- Schechter Poultry Corp. v. United States (218-223)
- The New Deal Court (223-225)
- NLRB v. Jones & Laughlin Steel Corp. (226-229)
- United States v. Darby (229-232)
- Wickard v. Filburn (232-237)
- Cushman, Rethinking the New Deal (237-239)
Class 4: The Contract of Sale II (8/26/20)
- Duty to Disclose Defects:
- Stambovsky v. Ackley, 581-586
- Johnson v. Davis, 586-591
- Merger, 591-592
- Implied Warranty of Quality: 592-595
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Nothing about "The market for lemons" and the economics of how unequal knowledge of information distorts markets? I understand it's not an economic class its a law class, but it should be addressed that the entire reason it is necessary to have duty to disclose / defect legal doctrine is that economies finds an inefficiency when information imbalances are present, and thus this is a corrective.
And is malfeasance doctrine really that absolute? What if the seller made a statement in good faith that happened to be wrong, and the "lie" wasn't material anyhow? Or, what if the seller did lie, but the seller can also prove that the buyer knew the seller was lying and didn't say anything?