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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

Another 2011 Conference: Save the Date!

Posted on July 09, 2010
Mark your calendars for another promising conference: "Contract as Promise" Symposium on March 25, 2011 at Suffolk University School of Law in Boston. Jeffrey Lipshaw provides this overview, and promises (sorry!) further details: In 1981, Professor Charles Fried published a...

Now in Print

Posted on July 07, 2010
Douglas G. Baird, The Holmesian Bad Man's First Critic, 44 Tulsa L. Rev. 739 (2009). Matthew K. Bell, Forget What You Intended: Surprisingly Strict Liability and COGSA Versus Carmack, 37 Transp. L.J. 57 (2010). Molly Brooks, The "Seller-Friendly" Approach to...

Family Matters: Breach of Contract for Failure to Pay College Tuition

Posted on July 06, 2010
The Connecticut Law Tribune reports on a breach of contract claim by a daughter against her father, who failed (as promised) to pay her college tuition. The Law Tribune reports: So consider the odd case of Dana Soderberg, who went...

Movie Futures No Longer in Production - An Update

Posted on July 01, 2010
Previously, we blogged about movie futures. Cantor Fitzgerald was expecting to open an online futures market that would allow film studios, institutions and moviegoers to place bets on the box-office revenue of Hollywood?s biggest releases. It even had the green...

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Save the Date!

Posted on July 01, 2010
The annual spring conference on contract law will be held on February 18 and 19, 2011, at the lovely Stetson Law School. Save the Date! A more formal announcement is forthcoming, with details about registration, hotel accommodations and the call...

One Happy Meal?, Hold the Cadmium

Posted on June 07, 2010
Friday, the Consumer Product Safety Commission(CPSC), in conjunction with fast-food giant McDonald?s�, voluntarily recalled about 12 million Shrek Forever After? collectible drinking glasses (photo courtesy of the CPSC) sold or awaiting sale at McDonald?s� locations throughout the U...

Albert H. Kritzer: 1928-2010

Posted on June 07, 2010
Albert H. Kritzer, who founded Pace Law School's Institute of International Commercial Lawand its immensely helpful online CISG Database, passed away June 1, while in Egypt to receive the 2010 Arab Conference for Commercial and Maritime Law Career Achievement Award...

Now in Print

Posted on June 04, 2010
Benito Arru�ada, Leaky Title Syndrome?, [2010] New Zealand L.J.1195 (discussing electronic documentation of realty title and conveyances). Erin Burrows & F. John Podvin, Jr., Revisiting the FDIC's "Superpowers": Contract Repudiation and D'Oench Duhme, 127 Banking L...

UCC Legislative Update

Posted on June 04, 2010
Since my last update, Mississippi and Wisconsin have enacted Revised Article 1, Mississippi has enacted the 2002 Articles 3 and 4 amendments, and Florida and Georgia have enacted Revised Article 7. Most of these enactments will take effect on July...

Class Action Waiver Roundup

Posted on June 03, 2010
Businesses love arbitration because they use it to manage litigation costs with pre-dispute limits on plaintiffs' procedural rights ? foremost of which is the ability to contract around plaintiff collective action, whether in the form of the class action or...

Now in Print

Posted on May 19, 2010
David S. Coale, Rebecca L. Visosky & Diana K. Cochrane, Contractual Waiver of the Right to Remove to Federal Court: How Policy Judgments Guide Contract Interpretation, 29 Rev. Litig. 327 (2010). A. Blair Dunn, Stockman's Liability and the Changing Livestock...

The Case of the Vague & Ambiguous Contracts Exam Instruction

Posted on May 19, 2010
As always, quality investigative reporting from Above the Law. Apparently, a contracts prof at Cornell told the students that there would be a word limit on the exam, and said it would be "well, maybe 1000 words." Then, once the...

Hiatus

Posted on May 17, 2010
I tried demanding higher pay, but as the picture at left illustrates, that didn't work. So instead I am going to take a break from blogging about contracts. To be honest, the decision has less to do with the beating...

What a Long Strange Contract It's Been...

Posted on May 12, 2010
There is a Grateful Dead exhibit ?currently playing? at the New York Historical Society, with lots of knick knacks on loan from the archives at UC Santa Cruz. (Jon Stewart once did a funny bit about a job listing for...

Elena Kagan: What's Her View on Contracts?

Posted on May 12, 2010
Over at The Conglomerate, Christine Hurt has helpfully assembled blog posts addressing various issues that have come up in connection with the nomination of Elena Kagan (pictured) to succeed Justice Stevens on the U.S. Supreme Court. Notably absent in all...

Weekly Top Tens from the Social Science Research Network

Posted on May 12, 2010
Brent White (pictured) has catapulted to the top, debuting at #1 with Beyond Guilt on both lists and already #7 on the hallowed SSRN All Time Top 10 List in Law & Society: Contracts!! Congratulations!! Meanwhile, Walking Away is also...

Second Circuit Upholds Arbitration Agreement Against Unconscionability Challenge

Posted on May 11, 2010
Last month was arbitration month here on the blog, but we just can't help ourselves. On April 16th, the Second Circuit issued its opinion in Harrington v. Atlantic Sounding Inc., intervening in a pitched battle between the Federal Arbitration Act,...

Blawgosphere Roundup on Contracts Issues

Posted on May 10, 2010
The ADR Prof Blog is keeping the posts on Stolt-Nielsen coming. Art Hinshaw shares Alvin Goldman's thoughts here. That blog also features another take on Rent-A-Center, this time from Sarah Cole. More on Stolt-Nielsen can be found at the Disputing...

An $18,000 Phone Bill. Can you hear me now?

Posted on May 07, 2010
Somehow I missed this all-too-believable story last week. From the inimitable WSJ Law Blog (with help from the Boston Globe): Here?s the deal, according to the Boston Globe: Back in 2006, Bob St. Germain renewed his wireless phone service contract,...

Kunz & Chomsky: Contracts: A Contemporary Approach

Posted on May 06, 2010
Christina L. Kunz (pictured left) and Carol L. Chomsky (pictured right) have just published their new casebook, Contracts: A Contemporary Approach. Ordinarily, I don't get too excited about new casebooks, but this one is different and worth a look. If...

Weekly Top Tens from the Social Science Research Network

Posted on May 05, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal March 6, 2010 to May 5, 2010 RankDownloadsPaper Title1284The Shadow of State Secrets Laura Donohue, Georgetown University Law....

When Does the False Claims Act's Jurisdictional Bar Preclude Qui Tam Actions?

Posted on May 04, 2010
It's complicated. Daniel Kirk, a Vietnam War veteran, worked at Millar Elevator Industries beginning in the late 70s. In 2002, Millar's operations were integrated into those of the Schindler Elevator Company. In 2003, Millar was demoted and resigned. Eight months...

Now in Print

Posted on May 04, 2010
Jennifer Arlen, Contracting Over Liability: Medical Malpractice and the Cost of Choice, 158 U. Pa. L. Rev. 957 (2010). Michael J. Bales, Note, The Grapes of Wrathful Heirs: Terminations of Transfers of Copyright and "Agreements to the Contrary," 27 Cardozo...

Blawgosphere Roundup on Contracts Issues

Posted on May 03, 2010
Since we crowed a few weeks back about our imperialistic tendency to write on topics beyond contracts law (conventionally conceived), we would also like to note the other worthwhile blog posts of interest to our readers: Over at Text and...

Business Associations Limerick of the Week: CTS Corporation v. Dynamics Corproation of America

Posted on May 03, 2010
I turned up a Limerick from a case I haven't taught in a few years, so I thought I would share it. The connection to contracts law is pretty attenuated, but I'm sure we could find one if we looked...

Mark C. Weidemaier on Precedent in Arbitration

Posted on April 29, 2010
Our recent guest-blogger, Mark Weidemaier, has emerged from under a cloud of volcanic ash and produced a new work of scholarship in the field of arbitration. You can download it from SSRN here. Here is the abstract: The claim that...

Weekly Top Tens from the Social Science Research Network

Posted on April 28, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal February 27, 2010 to April 28, 2010 RankDownloadsPaper Title1276The Shadow of State Secrets Laura Donohue, Georgetown University Law...

Consumer Law & Policy Blog on Rent-A-Center

Posted on April 28, 2010
Deepak Gupta has a couple of posts on Rent-A-Center v. Jackson worth looking at. The first is from April 1st. The second is from yesterday. Yesterday's post links to a number of other discussions of the case. Thanks to Christopher...

Karen Halverson Cross: Impressions/comments on Rent-A-Center v Jackson Oral Argument

Posted on April 28, 2010
What is particularly striking to me about the Rent-A-Center oral argument is the Court?s preoccupation with drawing a line between the types of relatively extreme situations that would show the complete absence of a valid agreement to arbitrate (such as...

David Horton on the Rent-A-Center Oral Argument

Posted on April 28, 2010
As Jeremy points out below, some of the most interesting exchanges in the Rent-a-Center oral argument centered on an issue that has baffled courts and scholars for decades (and bored any 1L unlucky enough to take my contract class): what...

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