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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

Insurer May Compel Non-Party to Arbitrate

Posted on April 05, 2010
As we gear up for oral argument before the U.S. Supreme Court in Rent-a-Center West, Inc. v. Jackson, we are turning this into arbitration month on the blog. Later this month, we will have a roundtable discussion of Jackson both...

Government Contracting and the State Secrets Privilege

Posted on April 05, 2010
Like Meredith Miller, I have recently had the experience of seeing a new piece of scholarship appear that I had in mind to write myself one day. Meredith wanted to write on the ethics of contract drafting. She has chosen...

Cities Compete for Access to ContractsProf Blog

Posted on April 01, 2010
Mayors across the country have been performing outrageous stunts, each seeking to outdo each other in an attempt to demonstrate to the ContractsProf Blog their commitment to getting their residents access to the Blog's content. The Mayor of Duluth recently...

Weekly Top Tens from the Social Science Research Network

Posted on March 31, 2010
Starting this week, we will be providing a Top Ten Twofer, as there are really two SSRN Top Ten lists that are relevant to readers of this blog. RECENT HITS (for all papers announced in the last 60 days) TOP...

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A Contract to Share

Posted on March 30, 2010
A few weeks ago, Professors Douglas Kysar (below right) and Jon Hanson (below left) delivered the Monsanto Lecture at the Valparaiso University School of Law, "Abnormally Dangerous: Inequality Dissonance and the Making of Tort Law." As the subject was torts,...

Now in Print

Posted on March 29, 2010
David Capper, Common Mistake in Contract Law, [2009] Singapore J. Legal Stud. 457. Mindy Chen-Wishart, Consideration and Serious Intention, [2009] Singapore J. Legal Stud. 434. David Collins, Reliance Based Remedies at ICSID [International Centre for the Settlement of Investment Disputes],...

Frustration with Contracts

Posted on March 29, 2010
Gentle Readers, Unbeknownst to most Contracts Professors, a cultural phenomenon has arisen on YouTube known as "Hitler Rants." The method is simple. Most exemplars of the genre take a scene from the recent film about the last days of Hitler,...

Contracts Limerick of the Week: Langdellian Limericks

Posted on March 29, 2010
Many who attended the Spring Contracts Conference at UNLV saw a presentation of the "Langdellian Limericks," in which the author explains to his dubious readers the educational purposes to which legal Limericks can be deployed. A few asked, if only...

NY Judge Essentially Holds that Unmarried Partners Cannot Expressly or Implicitly Contract for Marriage Rights

Posted on March 26, 2010
Fabien Baron and his unmarried partner, Malin Ericson, broke up. After their separation, she essentially sued him for equitable distribution (by way of constructive trust) and child custody and support. Ericson?s claim was premised on Baron?s alleged statement that ?what?s...

Ian Roderick Macneil, 1929-2010

Posted on March 25, 2010
Contracts Professors around the world are mourning the loss of Ian Macneil, known to the world as 46th Chief of the Macneil clan and the 26th Macneil of Barra, and known to contracts professors as the father of relational contracts...

Weekly Top Ten from the Social Science Research Network

Posted on March 24, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal January 23, 2010 to March 24, 2010 RankDownloadsPaper Title1376Choice of Law in the American Courts in 2009: Twenty-Third...

University of South Florida Football Coach Sues for Breach

Posted on March 23, 2010
It seems there have been a lot of cases recently involving college sports coaches who claim that they were terminated without cause and are entitled to damages. In January, we reported on a suit involving Texas Tech football coach, Mike...

Lady Gaga and Former Producer Trade Breach of Contract Suits

Posted on March 22, 2010
A Google search turned up over 1000 stories about the law suits involving Lady Gaga (pictured) and her former producer and ex-lover, Rob Fusari. None that I could find linked to any court filings, but at least Christopher John Farley...

Promise and Contract: Jane Austen's Take

Posted on March 18, 2010
While thinking about the problems relating to promise and contract explored by Michael Pratt, I came across this scene from Chapter 22 of Jane Austen's Persuasion. The setting, of course, is Bath. The characters are Charles Musgrove and his wife,...

Sometimes the Statute of Frauds Can Be a Real Pain in the Neck

Posted on March 18, 2010
Just ask Professor Chander Kant. He filed a pro se complaint alleging that Columbia University breached an oral contract promising him a senior-level, full-time, tenure-track faculty position in its Economics Department. But the S.D.N.Y. (Gardephe, J...

Fault Lines in Contracts Theory IV: Chapin Cimino

Posted on March 18, 2010
In this, the last in our series on the fault lines in contract law, we introduce Chapin F. Cimino's "Virtue and Contract Law," which is forthcoming in the Oregon Law Review and comes "highly recommended" from the Legal Theory Blog....

Ethics in Contract Drafting

Posted on March 18, 2010
As academics, we all keep some form of a list of the ideas or topics we are thinking of taking up in our scholarship. (On the ?meat market,? I believe this is what they refer to as ?research agenda.?) For...

Weekly Top Ten from the Social Science Research Network

Posted on March 17, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law January 16, 2010 to March 17, 2010 RankDownloadsPaper Title1365Choice of Law in the American Courts in 2009: Twenty-Third Annual...

Fault Lines in Contracts Theory III: Michael G. Pratt

Posted on March 17, 2010
This is the third in a series of posts on recent scholarship relating to the relationship between contract and fault or between contract and promissory obligation. Yesterday, we posted about Steven Feldman?s critique of Seana Shiffrin. On Monday, we discussed...

Now in Print

Posted on March 17, 2010
Richard L. Barnes, Manipulating Court Doctrine for the Good of the Common Law and Compulsory Arbitration, 51 S. Tex. L. Rev. 41 (2009). Gerald Caplan, Legal Autopsies: Assessing the Performance of Judges and Lawyers Through the Window of Leading Contract...

Fault Lines in Contracts Theory II: Steven W. Feldman

Posted on March 16, 2010
This is the second in a series of posts on recent scholarship relating to the relationship between contract and fault or between contract and promissory obligation. Yesterday, we posted about Martha Ertman?s book chapter, ?The Productive Tension between Official and...

Fault Lines in Contracts Theory I: Martha Ertman

Posted on March 15, 2010
This week, the Blog will feature a series of posts on recent scholarship relating to the relationship between contract and fault or between contract and promissory obligation. These themes are explored in greater detail in the forthcoming book, edited by...

Partnership Agreements in "Breaking Bad"

Posted on March 15, 2010
Season Two of AMC's Emmy-winning drama "Breaking Bad" raises some interesting questions about the division of partnership profits. The two main characters, Walt, played by Bryan Cranston -- pictured left-- and Jesse, played by Aaron Paul, who is fast becoming...

Promise and Contract: Jane Austen's Take

Posted on March 13, 2010
While thinking about the problems relating to promise and contract explored by Michael Pratt, I came across this scene from Chapter 22 of Jane Austen's Persuasion. The setting, of course, is Bath. The characters are Charles Musgrove and his wife,...

Pink Floyd v. EMI -- Dark Side of the Recording Industry

Posted on March 11, 2010
The band Pink Floyd has taken its record label, EMI, to court, as reported here in the Financial Times. There are two aspects to the dispute. First, the band is challenging the way EMI calculates royalties from online sales. At...

From Hog to Film Futures, Coming Soon to a Market Near You

Posted on March 11, 2010
Earlier this week, there was a story on NPR's Marketplace about commodity futures trading, and the transition of most of the trading from the floor to computer screens. The story noted one holdout, however: livestock futures. Floor trader James "Bugsy"...

Weekly Top Ten from the Social Science Research Network

Posted on March 10, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law January 9, 2010 to March 10, 2010 RankDownloadsPaper Title1353Choice of Law in the American Courts in 2009: Twenty-Third Annual...

Ninth Circuit Rules Government Contracting No Bar to Exercise of Free Speech Rights

Posted on March 10, 2010
Judge Louis H. Pollak, sitting by designation on the Ninth Circuit, authored the unanimous opinion in Marez v. Bassett, a case brought by a vendor who claimed that he was retaliated against for speaking out against the Las Angeles Department...

Contracting Around the Duty of Good Faith & Fair Dealing in California

Posted on March 09, 2010
The New York Times reported over the weekend on the case of Cussler v. Crusader Entertainment, LLC, an unreported California Court of Appeal, Second District, Third Division decided on March 3rd. The case involves a option agreement between Clive Cussler,...

New Episode in the Prolonged Aerial Refueling Contract Drama

Posted on March 09, 2010
We have had occasion previously to note the competition between Boeing and Northrop Grumman for a contract to design and build a new fleet of aerial refueling aircraft for the Air Force. We noted in passing that, as illustrated to...

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