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Corporate & Securities Law

ContractsProf Blog ContractsProf Blog

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

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

Recent Entries: 1236

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Bratz v. Barbie: The Sequel

Posted on December 10, 2008
We reported earlier that Mattel won the first round of its legal battle with Bratz doll-maker MGA. Last week, Bloomberg news reported that Barbie was not satisfied to get the Bratz dolls in a headlock. She went for the kill....


4 Sale: 1 Br Condo nr 7 trn w EIC, River Vues & 5-yr $$$back guarantee

Posted on December 09, 2008
Does the real estate bust have you beat? Want to buy a new condo, but don't want to worry about waiting for the next boom before you can sell without a loss? Well, Rockrose Development Corporation has a brand new...


Now in Print

Posted on December 09, 2008
Oren Bar-Gill & Elizabeth Warren, Making Credit Safer, 157 U. Pa. L. Rev. 1 (2008). Nancy S. Kim, The Software Licensing Dilemma, 2008 BYU L. Rev. 1103. Timothy J. Maun, Comment, iHack, Therefore iBrick: Cellular Contract Law, the Apple iPhone,...


Business Associations Limerick of the Week: Escott v. BarChris

Posted on December 09, 2008
Ordinarily, I would not include a case like Escott v. BarChris in my Business Associations course. First off, it's long. Second, there's not much law in it, or at least not much law for which I like to hold my...


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Ebenezer Scrooge on Contract Formation

Posted on December 09, 2008
I consulted several print and on-line versions of Dickens's A Christmas Carol and did not find the following dialogue, nor does it appear in all of the film versions of the tale. So, I'll attribute it to the Roger O....


Arianna Huffington + Jon Stewart = Eggplant Parmesan

Posted on December 08, 2008
Arianna Huffington (pictured) was on The Daily Show last week promoting her new how-to book on how to be a successful blogger. The key, Huffington says, is to write about your passion, which in her case is cheese. An incredulous...


Contracts Limerick of the Week: Nanakuli Paving v. Shell Oil

Posted on December 08, 2008
I've taught this case for years, and I've always considered it Limerickworthy, but only recently did the proper rhyme scheme occur to me. Giving credit where credit is due, I must acknowledge that my wife, the celebrated poet Catherine Tufariello,...


Now in Print: Dispatches from Abroad

Posted on December 07, 2008
As our world shrinks and becomes increasingly interconnected, U.S. scholars visit or take posts abroad and foreign scholars reciprocate, and private law systems tend to converge, it seems odd that U.S. contracts scholarship is not chock full of citations to...


Wilkinson-Ryan on the Behavioral Economics of Efficient Breach and Liquidated Damages

Posted on December 07, 2008
Tess Wilkinson-Ryan, Sharswood Fellow in Law and Psychology at the University of Pennsylvania School of Law, recently posted Do Liquidated Damages Clauses Encourage Efficient Breach?, in which she (1) reports the methodology and results of a series of experiments designed...


Australia: A Movie About Contract Law

Posted on December 07, 2008
A few days ago, in a fit of holiday and pre-exam frivolity, I went to see Australia, the latest Baz Luhrmann ? Nicole Kidman collaboration. It?s quite different from Moulin Rouge (no singing to speak of), yet it?s still a...


New CISG Scholarship

Posted on December 03, 2008
Antonin I. Pribetic, friend of the blog and the practitioner who has best positioned himself of the traffic circle at which scholarship, Canadian law and the CISG intersect, has a new article out. You can download it from SSRN here....


Buyer?s Remorse, Now With Bite

Posted on December 03, 2008
Recently, the New York Court of Appeals unanimously held that the buyers of a house could back out of the deal by disapproving of the contract pursuant to an ?attorney approval contingency.? In Moran v. Erk, the Erks signed a...


Business Associations Limerick of the Week: New Horizons v. Haack

Posted on December 02, 2008
This is a sad case about a woman, Allison Haack, who formed an LLC with her brother and was left on the hook when the LLC was dissolved because Ms. Haack did not abide by all necessary formalities in dissolving...


Links to Related Blog Posts

Posted on December 01, 2008
Just in case there are readers of this blog who are interested in further discussion of the two recent international contracts (i.e. treaties) posted on this blog recently here and here, you can find it over at Opinio Juris. Kenneth...


Contracts Limerick of the Week: Selmer v. Blakeslee Midwest

Posted on December 01, 2008
Blakeslee-Midwest owed Selmer $120,000, but it offered to pay only $67,000. As Selmer was on the brink of collapse and desperately needed the cash, it accepted the partial payment. Two years later, Selmer sued claiming that the settlement was the...


Now in Print

Posted on November 30, 2008
- Michael G. Pratt, Contract: Not Promise, 35 Fla. St. U. L. Rev. 801 (2008). [Meredith R. Miller]


"Black Friday" Scholarship Roundup

Posted on November 28, 2008
Although last Friday did not, as once advertised, bring us the cinematic release of Harry Potter and the Half-Blood Prince, and today's receipts may not provide retailers the boost they are used to seeing the day after Thanksgiving, the last...


Dr. Pepper, At Long Last, Have You Left No Sense of Decency?

Posted on November 27, 2008
Earlier we praised Dr. Pepper on this blog for living up to its agreement to provide a free soda to everyone in America if the new Guns N' Roses album were to appear this year. But now the New York...


More from the Wall Street Journal on How International Law Sucks

Posted on November 26, 2008
I have already provided a brief comment on the Wall Street Journal's campaign to blame international human rights law for the sudden rise in piracy off the coast of Somalia. But the Journal's interest in international law goes beyond piracy....


The Law of Turkey Leftovers

Posted on November 26, 2008
I have posited here before that all of contract law could be taught with turkey cases. I?ve recycled two turkey posts year after year, perhaps leading some to believe that I fulfill my blogging commitments with leftovers. But, I am...


Is International Law to Blame for Piracy?

Posted on November 26, 2008
Well, it's a bit of a stretch, but treaties are just contracts between states, so it's close enough for a day-before-Thanksgiving post. The Wall Street Journal is on a campaign to convince the world that international law is to blame...


I Can?t Believe I Sent it to the Whole Listserve

Posted on November 25, 2008
A recurring theme on the ever-fabulous AALS contracts list-serve involves pressing ?reply to all? accidentally. The list is a fabulous resource, but over the years it has seen its share of embarrassments (because it automatically replies to all when you...


The King of Pop Settles with Bahraini Prince

Posted on November 25, 2008
Alas, Michael Jackson's fans will have to wait for his next law suit if they want to hear him testify. As reported earlier on this blog, Sheikh Abdulla bin Hamad Al Khalifa, second son of the King of Bahrain, alleged...


Business Associations Limerick of the Week: McConnell v. Hunt Sports Enterprises

Posted on November 25, 2008
McConnell v. Hunt Sports Enterprises, though a Business Associations case, has a strong contractual element to it. The question at hand is, to what extent can the members of an LLC contract around their fiduciary duties in the LLC agreement....


New Scholarship: Schooner on Contractor Fatalities

Posted on November 24, 2008
Steven Schooner (pictured) of the George Washington Law School, has posted to the Social Science Research Network his new article, Why Contractor Fatalities Matter. As a Law Prof whose scholarship focuses on national security and U.S. foreign relations law but...


Now in Print

Posted on November 24, 2008
- Marco J. Jimenez, The Value of a Promise: A Utilitarian Approach to Contract Law Remedies, 56 UCLA L. Rev. 59 (2008). [Meredith R. Miller]


Contracts Limerick of the Week: Baby M

Posted on November 24, 2008
I taught Baby M for the first time this year. The image at left shows Baby M, at eight cells. Well, it might be Baby M. I'm not really sure. There's not a lot of contracts doctrine in the case,...


Foreclosure Prevention and Modifying Mortgages

Posted on November 21, 2008
In light of the subprime mortgage crisis, which lead to the credit freeze, which has dominoed into a full-out global market meltdown, I thought it would be interesting to talk to someone actually "working on the ground" to prevent foreclosures...


Gentlemen's Agreement or Implicit Understanding

Posted on November 20, 2008
Today's New York Times has a fascinating account of a dispute regarding a 22-year-old Japanese pitcher named Junichi Tazawa. Mr. Tazawa sports a gaudy 1.02 E.R.A. and can throw a 97 mile per hour fastball. Not surprisingly, Major League Baseball...


World's Worst Director Ordered to Pay $2.1 Million for Breach of Contract

Posted on November 19, 2008
Many have called Uwe Boll (pictured) among the world's worst directors. For example, here, here, here, here, and here. Boll has not taken the criticism standing down. Rather, he has challenged his critics to boxing matches and easily bested them...


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