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Corporate & Securities Law

ContractsProf Blog

Contract law resources, information, and news for the academic community.

Post Frequency: 8.1/day

Last Entry: April 01, 2011 at 16:53:52

Today in History -- October 13

Posted on October 13, 2010
54 ? Nero becomes emperor of Rome. Things will not turn out well. 409 ? Two German tribes, the Vandals and the Alans, cross the Pyrenees into Roman Hispania, where they are given lands to settle in exchange for military...

Surprise: Mortgage Transaction Goes Wrong

Posted on October 12, 2010
The buyer of a mortgage whose seller (Citi) failed to deliver the note caused the buyer damages as a matter of law, according to the Seventh Circuit in Cogswell v. CitiFinancial Mortgage Co., 2010 U.S. App. LEXIS 20490 (7 th...

Happy Columbus Day!

Posted on October 12, 2010
FGS

Today in History -- October 12

Posted on October 12, 2010
633 ? Saint Edwin, the Saxon king of Northumbria who converted to Christianity and became the most powerful rule in Britain, falls in action against the Welsh at the Battle of Hatfield Chase. 1492 ? Genoese explorer Christopher Columbus makes...

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Spiritual Exercises and the Contemporary Academy

Posted on October 12, 2010
If you're in the Chicago area tomorrow, you may be interested in Spiritual Exercises and the Contemporary Academy, a panel sponsored by the Lumen Christi Institute. Panelists include three University of Chicago faculty: Bernard McGinn (Divinity),Lisa Ruddick (English), and David...

To Protect and Disempower

Posted on October 12, 2010
I've been fiddling with my teaching materials this fall, substantially increasing the amount of time I devote to historical and theoretical materials, I've been juxtaposing "freedom of contract" cases like Lochner v. New York and Muller v. Oregon, with earlier...

TV Commercials as Offers?

Posted on October 12, 2010
The folks at Chrysler are trying to sell trucks, and they're pitching a 60-day return-it-if-you-don't-like-it policy in a new commercial that raises some interesting contract law questions. In Leonard v. Pepsico, Inc., 88 F. Supp. 2d 116, (S.D.N.Y. 1999), aff'd...

Mortgage Foreclosure Volume Straining System

Posted on October 12, 2010
Apropos the previous post on Cogswell v. CitiFinancial Mortgage Co,, the crush of mortgage foreclosures is putting a severe strain on the system. Megan McArdle of The Atlantic offers some thoughts on the subject. FGS

Employer Alleges that GPS Caught Employee Breaching Contract

Posted on October 12, 2010
Cell phones make a lot of things easier, but cheating on your spouse or your employer simply is not one of them. Case in point: a story posted at UltimateKaty.com (a website affilliated with the Houston Chronicle). Apparently, a local...

Second CIrcuit Oveturns Dismissal in DiFolco v. MSNBC

Posted on October 11, 2010
The U.S. Court of Appeals for the Second Circuit has ruled in favor of former MSNBC entertainment reporter Claudia DiFolco (left) in her breach of contract action against the network. The decision is DiFolco v. MSNBC Cable, L.L.C., No. 09-2821-CV...

Happy Birthday, Hans Kelsen

Posted on October 11, 2010
FGS

Today in History -- October 11

Posted on October 11, 2010
1614? Adriaen Block and 12 Amsterdam merchants petition the States General for a charter to found the New Netherland Co. The company will get a three-year charter to control all trade between English Virginia and French Canada. Its charter won?t...

Miller on Strategic Default

Posted on October 11, 2010
Karl Llewellyn called it "welshing." Common law judges once called it a violation of a moral commitment. Now it's called "strategic default." With the deflation of the housing markets, buyers who bought homes in the expectation their prices would rise...

Trapped Chilean Miners Contract to Share Proceeds of Selling their Stories

Posted on October 11, 2010
Via Marginal Revolution, the story is here. FGS

Do Noncompetes Discourage Workers from Improving their Productivity?

Posted on October 11, 2010
Over at Prawfsblog, Orly Lobel (San Diego) blogs about a new study she's done with her colleague On Amir (UCSD-Business). They're studying the issue whether imposing post-employment noncompete clauses on employees makes them less likely to spend time improving their...

Weekly Top Ten

Posted on October 10, 2010
Simone Sepe's latest paper hasn't even been out a month, but it's already rocketed to the top of the list. Sepe (right) has previously focused on corporate law, but this paper is a welcome venture into more important territory--contract law....

Today in History -- October 10

Posted on October 10, 2010
732 ? The question whether Latin or Arabic will become the language of European lawyers is settled when a Frankish army under Charles "The Hammer" Martel defeats the Moors at the Battle of Tours:. 1582 ? Because the new Gregorian...

Today in History -- October 16

Posted on October 10, 2010
1841 ? The Church of Scotland establishes Queen's University in Kingston, Ontario, under a charter from Queen Victoria.. 1846 ? Dentist William Morton makes the first public display of anaesthesia before a skeptical audience at Massachusetts General Hospital in Boston...

Dora Explores Contract Litigation

Posted on October 09, 2010
Over the last decade, kiddie icon Dora the Explorer has gone to a lot of exotic places -- but none as potentially scary as her latest destination: New York County Supreme Court in Manhattan. Actress Caitlin Sanchez (left), who has...

The Daily Show on the Double Standard of Strategic Default

Posted on October 08, 2010
The Daily Show does a little investigative reporting on the paper I recently posted to SSRN: The Daily Show With Jon Stewart Mon - Thurs 11p / 10c Mortgage Bankers Association Strategic Default www.thedailyshow.com Daily Show Full Episodes Political Humor...

Strategic Default: The Popularization of a Debate Among Contract Scholars

Posted on September 30, 2010
I apologize for my general absence from the blog. I?ve posted my excuse to SSRN; it is titled Strategic Default: The Popularization of a Debate Among Contract Scholars. Here?s the abstract: A June 2010 report estimates that roughly 20% of...

Lipshaw on Concept, Metaphor and the Synergy of Teaching and Scholarship

Posted on September 04, 2010
Jeffrey Lipshaw has a characteristically thoughtful post over at the Faculty Lounge about how his scholarship is informing his teaching of contracts and a "nascent article" on that topic. He's even illustrated his thoughts in diagrams. As always, interesting stuff...

People's Court: Contract Dispute at the Flaming Hearth

Posted on September 01, 2010
One of my former contracts students brought this People's Court dispute to my attention because of its eerie (and coincidental) similarity to the fact pattern on my Spring 2010 exam. Though, I had the added issue of a supervening referendum...

Now in Print

Posted on August 31, 2010
Lord Justice Richard Aikens, The Post-contractual Duty of Good Faith in Insurance Contracts: Is There a Problem that Needs a Solution?, [2010] J. Bus. L. 379. Laura K. Bailey, Note, The Demise of Arbitration Agreements in Long-term Care Contracts, 75...

Sarah Palin?s CSU Contract (and Speaking Fee) Revealed

Posted on August 31, 2010
Sarah Palin was hired by California State University Stanislaus to appear at a June Fundraiser. When a non-profit government transparency group sought to find out her speaking fee through a public information request, the University refused to reveal the information...

A Hairy Breach of Contract Suit against Paris Hilton

Posted on August 17, 2010
Paris Hilton is no stranger to this blog (she had previously been sued for failing to promote a movie, Pledge This!). According to the Washington Post, Hilton is now facing a $35 million lawsuit by Hairtech International, claiming that she...

Is a Website's Privacy Policy a Binding Contract?

Posted on August 10, 2010
Richard Raysman and Peter Brown write in today's NYLJ that the answer to that question remains unsettled. The issue was raised in a recent case involving a Cleveland newspaper that reported on a judge's anonymous comments (about pending cases) to...

Now in Print

Posted on August 03, 2010
Oliver J. Armas & Thomas J. Hall, Contracts are Binding -- In Good Times, and Bad? Contractual Impossibility, Material Adverse Change Clauses and Adequate Assurances During Economic Crisis, 42 U.C.C.L.J. 283 (2010). Michelle Boardman, Insuring Understanding: The Tested Language Defense,...

Did Zuckerberg Sign Away 84% of Facebook?

Posted on July 23, 2010
Wunderkind Mark Zuckerberg (who dreamed up Facebook in his college dorm room) is facing a lawsuit by Paul Ceglia, a man who claims that he has a contractual right to an 84% stake in the company. The Wall Street Journal...

BP's Contracts with Environmental Scientists

Posted on July 20, 2010
Is BP taking key scientists "out of circulation" by retaining as many experts as possible and having them agree to confidentiality? CNN filed this report: [Meredith R. Miller]

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