Marzen and Conklin, ‘Stagflation in American Jurisprudence’

This Article endeavors to be the first law review article which analyzes stagflation in American jurisprudence. The first part of this Article discusses the history of stagflation and its prevalence, particularly during the years of the presidency of President Jimmy Carter. The Article then analyzes how courts have historically considered stagflation in American jurisprudence and examines several courts which have cited stagflation in their analysis.

The final part of the Article analyzes whether stagflation may be considered a force majeure event. Utilizing cases involving inflation and force majeure clauses as well as the COVID-19 pandemic as comparisons, the Article addresses the question of whether stagflation would qualify as a force majeure event. With stagflation possibly on the horizon in the United States, analysis of this question will provide more clarity for contracting parties as well as the courts in the event a period of stagflation occurs.

Marzen, Chad G and Conklin, Michael, Stagflation in American Jurisprudence (July 29, 2021). Pace Law Review, forthcoming.

First posted 2021-08-28 11:00:15

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