Scott Pryor | Campbell University (original) (raw)

Papers by Scott Pryor

... He earned a JD in 1980 from the University of Wisconsin Law School. Jeremy L. Pryor is an ass... more ... He earned a JD in 1980 from the University of Wisconsin Law School. Jeremy L. Pryor is an associate at Carrell Blanton Garrett & Van Horn, PLC, in Richmond, Virginia. ... 23. Fournier Furniture, Inc. v. Waltz-Holst Blow Pipe Co., 980 F.Supp 187, 190 (WDVa. 1997). 24. ...

American Bankruptcy Institute Law Review, 2001

Social Science Research Network, 2014

Social Science Research Network, 2007

Social Science Research Network, 2011

For the better part of the last 100 years, followers and students of the Reformed tradition in Ch... more For the better part of the last 100 years, followers and students of the Reformed tradition in Christian thought have understood the relationship between the reign of Christ and the contemporary socio-political order in terms of a single Kingdom of God. While the expression of this single kingdom has proved controversial, most in the Reformed tradition have decried any notion of a "two-kingdoms" approach in which a distinction between redemption and creation is maintained. In his recently published book, David VanDrunen, a lawyer and theologian, has labored to demonstrate that various formulations of a two-kingdom approach predominated in Reformed though from the time of John Calvin until well into the nineteenth century. VanDrunen carefully develops the historical grounds for his thesis and shows the steps that were taken to move to the contemporary single-kingdom approach. Implicit in VanDrunen's analysis is a belief that not only is the two-kingdoms approach consistent with the long arc of Reformed thought but also that it better reflects the biblical data. In this review I summarize certain highlights of VanDrunen's historical argument and describe three challenges that those who find the two-kingdoms approach congenial must address for it to enjoy a contemporary revival.

American Bankruptcy Law Journal, 2003

Texas Wesleyan Law Review, Mar 1, 2005

Social Science Research Network, 2021

Autonomy-based theories of contract theory have moved beyond the narrowly dutiful. Welfare-center... more Autonomy-based theories of contract theory have moved beyond the narrowly dutiful. Welfare-centered theorists have increasingly responded to criticisms by drawing moral concerns into their analysis. Refinements to virtue-based accounts of contract law bring the values of autonomy and welfare together but even the best hovers above the person whose virtues are considered. These developments collectively demonstrate a movement toward pluralism in contact theory. In short, the inadequacy of any single approach to contract theory is apparent. Scholars working from within each approach now seek to refine their theories in light of other perspectives. Yet this increasing openness to multiple perspectives has omitted sustained consideration of the center of contracts: the human person. This article draws on the work of sociologist Christian Smith and others as resources by which the movement toward pluralism can be enhanced and grounded in a deep consideration of the capacities of the human person—thus, a person-centered approach. Because Smith is a sociologist, I also draw on the work of Andrew Gold to help bridge the gap between the capacities of person and state-sanctioned legal remedies. Finally, in an extended conclusion, I demonstrate how a person-centered pluralism can ground an approach to what Margaret Radin calls the “normative degradation” of aspects of boilerplate in a principled way.

Social Science Research Network, Apr 11, 2014

The bankruptcy process takes as a given the pre-bankruptcy allocation of economic risk. Yet, the ... more The bankruptcy process takes as a given the pre-bankruptcy allocation of economic risk. Yet, the Bankruptcy Code permits this risk to be reallocated through the adjustment process so long as that reallocation is "fair and equitable," does not "discriminate unfairly," and is in the "best interests" of creditors. The first two look to bankruptcy law for their definitions; the third derives from state law. Chapter 9 of the Bankruptcy Code does not resolve any conflicts among these requirements. This uncertain state of affairs generates a powerful incentive among most parties to settle. So long as the court retains the power to dismiss the case and remit the conflicts to the vagaries of state adjudication, Chapter 9 functions to create an institutional game of Chicken driving stakeholders to consensus.

Social Science Research Network, 2022

Routledge eBooks, Oct 27, 2020

The journal of law and religion, 2006

SSRN Electronic Journal, 2018

This is a working chapter for the "Christianity and the Law" series published by Cambri... more This is a working chapter for the "Christianity and the Law" series published by Cambridge University Press. Written at an introductory level, it aims to demonstrate that the contract law doctrine of unconscionability finds its warrant in the virtues of reciprocity and justice. These virtues came to be part of the Western tradition of law in the eleventh century as scholastic theologians and jurists wove together strands of biblical revelation, Roman law, and Aristotelian commutative justice. The culmination of this project — the civil law doctrine of laesio enormis (rough equality in exchange) — remained unaffected by the Protestant Reformation. Because justice in exchange was a matter of conscience as well as law, it played a role even in the common law tradition. The gradual subjectivization of conscience and the displacement of justice in contract law by notions of utility and autonomy through the course of the nineteenth century lead to the disappearance of unconscionability in the common law. Unconscionability was resuscitated in Article 2 of the Uniform Commercial Code but its application is has proved uncertain and unpredictable. A return to a virtue-centered understanding of unconscionably — rough equality in exchange — would make unconscionability more certain and predictable.