Daniel O'Gorman

Barry University School of Law

Associate Professor

Orlando, FL

United States

  • Barry University School of Law

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    • Tel: 321-206-5681
SCHOLARLY PAPERS

15

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1,617

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Scholarly Papers (15)

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1.

The Best and Worst of Contracts Decisions: An Anthology

45 Fla. St. U. L. Rev. 889-1022 (2018)., California Western School of Law Research Paper No. 19-2, Southwestern Law School Research Paper No. 2019/04, Marquette Law School Legal Studies Paper No. 19-08
Number of pages: 134 Posted: 13 Feb 2019 Last Revised: 09 Aug 2019
Daniel D. Barnhizer, Scott J. Burnham, Charles R. Calleros, Larry T. Garvin, Nadelle Grossman, F. E. Guerra-Pujol, Jeffrey Lynch Harrison, Hila Keren, Michael P. Malloy, Daniel O'Gorman, Deborah Waire Post, Val Ricks, Rachel S. Arnow-Richman, Richard R. Carlson, Mark P. Gergen, Kenney F. Hegland, Nancy S. Kim, Nathan B. Oman, Jean Powers and Cheryl B. Preston
Michigan State University College of Law, Gonzaga University School of Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law, Ohio State University - Moritz College of Law, Marquette University - Law School, Pontifical Catholic University of Puerto Rico, University of Florida Levin College of Law, Southwestern Law School, University of the Pacific - McGeorge School of Law, Barry University School of Law, Touro University - Jacob D. Fuchsberg Law Center, South Texas College of Law Houston, University of Florida Levin College of Law, South Texas College of Law Houston, University of California, Berkeley - School of Law, University of Arizona, James E. Rogers College of Law, Chicago-Kent College of Law - Illinois Institute of Technology, William & Mary Law School, South Texas College of Law Houston and Brigham Young University - J. Reuben Clark Law School
Downloads 682 (66,869)

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Contracts, Contract Law

2.

Expectation Damages, the Objective Theory of Contracts, and the 'Hairy Hand' Case: A Proposed Modification to the Effect of Two Classical Contract Law Axioms in Cases Involving Contractual Misunderstandings

Kentucky Law Journal, Vol. 99, 2011
Number of pages: 52 Posted: 14 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 245 (214,287)

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Contract law, expectation damages, objective theory of contracts, Hairy Hand, misunderstanding, damages

3.

Redefining Offer in Contract Law

Mississippi Law Journal, Vol. 82, No. 6, 2013
Number of pages: 48 Posted: 19 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 198 (261,846)
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Contracts, Offer and Acceptance, Bargain, Consideration

4.

'Prove Me Wrong' Cases and Consideration Theory

George Mason Law Review, Vol. 23, No. 1, 2015-16
Number of pages: 52 Posted: 05 Apr 2015 Last Revised: 13 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 92 (475,565)

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Contracts, Consideration

5.

Contract Law and Fundamental Legal Conceptions: An Application of Hohfeldian Terminology to Contract Doctrine

Mississippi College Law Review, Vol. 31, 2015
Number of pages: 60 Posted: 19 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 59 (609,463)

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Legal Formalism, Deductive Reasoning, Contract Law, Legal Pedagogy

6.

Show Me the Money: The Applicability of Contract Law's Ratification and Tender-Back Doctrines to Title VII Releases

Tulane Law Review, Vol. 84, 2010
Number of pages: 54 Posted: 22 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 58 (614,671)

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Contract Law, Contract Ratification, Tender-Back Doctrines, Title VII

7.

Solomon and Strikes: Labor Activity, the Contract Doctrine of Impossibility or Impracticability of Performance, and Federal Labor Policy

Hofstra Labor and Employment Law Journal, Vol. 28, No. 1, 2010
Number of pages: 60 Posted: 27 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 57 (619,769)

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Contract law, contract doctrine, federal labor policy, doctrine of impossibility or impracticability of performance

8.

Contract Theory and Some Realism About Employee Covenant Not to Compete Cases

Southern Methodist University Law Review, Vol. 65, No. 1, 2012
Number of pages: 60 Posted: 14 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 41 (713,510)

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Contract law, covenant not to compete, contract enforcement, employees, trial judges

9.

The Statute of Frauds and Oral Promises of Job Security: The Tenuous Distinction between Performance and Excusable Nonperformance

Seton Hall Law Review, Vol. 40, 2010
Number of pages: 54 Posted: 27 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 39 (727,072)

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Contract law, at-will employment, oral promises, Statute of Frauds defense, breach of contract

10.

Contract Law and the Hand Formula

Louisiana Law Review, Vol. 75, No. 1, 2014-15
Number of pages: 48 Posted: 14 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 34 (763,057)

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Contract law, negligence, contract liability, Hand formula

11.

When Lightning Strikes: Hadley V. Baxendale's Probability Standard Applied to Long-Shot Contracts

Loyola University Chicago Law Journal, Vol. 47, No. 2, 2015-16
Number of pages: 48 Posted: 14 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 34 (763,057)

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Contract law, long-shot contracts, Hadley v. Baxendale, Hadley rule, breach of contract

12.

Construing the National Labor Relations Act: The NLRB and Methods of Statutory Construction

Temple Law Review, Vol. 81, No. 1, 2008
Number of pages: 62 Posted: 27 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 32 (778,355)

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NLRB, National Labor Relations Act, statutory construction

13.

A State of Disarray: The 'Knowing and Voluntary' Standard for Releasing Claims Under Title VII of the Civil Rights Act of 1964

University of Pennsylvania Journal of Labor and Employment Law, Vol. 8, no. 1, 2005
Number of pages: 76 Posted: 27 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 25 (835,653)

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Civil Rights Act of 1964, Title VII, release of claims, knowing and voluntary standard, contract law

14.

Paying for the Sins of Their Clients: The EEOC's Position that Staffing Firms Can Be Liable When Their Clients Terminate an Assigned Employee for a Discriminatory Reason

Penn State Law Review, Vol. 112, 2007
Number of pages: 46 Posted: 27 Aug 2016
Daniel O'Gorman
Barry University School of Law
Downloads 21 (871,865)

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EEOC, employment law, contract termination, staffing firms

15.

The Restatement (Second) of Contracts Reasonably Certain Terms Requirement: A Model of Neoclassical Contract Law and a Model of Confusion and Inconsistency

University of Hawaii Law Review, Vol. 36, No. 1, 2014
Posted: 19 Aug 2016
Daniel O'Gorman
Barry University School of Law

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Contract Law, Promissory Estoppel, Expectation Interests, Contract Formation