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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

AALS Program and Print Symposium on the Principles of the Law of Software Contracts

Posted on November 14, 2009
The AALS Section on Commercial and Related Consumer Law invites you to attend our Annual Meeting program on The Principles of the Law of Software Contracts: A Phoenix Rising from the Ashes of Article 2B and UCITA? and solicits additional...

Now in Print: Catching Up (Round 1)

Posted on November 14, 2009
I began drafting this post on September 22, but delayed sending it because several new items had just come across the transom. As other responsibilities kept interfering with returning my attention to this post, more time passed and more new...

A Corollary to the Totten Doctrine: Wilson v. CIA

Posted on November 13, 2009
As previously discussed on the blog, the Totten doctrine requires dismissal of a case when "the very subject-matter" of the case is a state secret. Today's New York Times reports that the Second Circuit has dismissed Valerie Wilson's suit against...

Activision Avatar Update: I'm Just a.... Honky Tonk Woman

Posted on November 13, 2009
We had previously mentioned Courtney Love?s threatened lawsuit against Activision for breach of contract ? namely, for creating a game ?Band Hero? that allows players to use a Kurt Cobain avatar to sing other artists? songs. Now, the band No...

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Weekly Top Ten

Posted on November 11, 2009
TOP 10 Papers for Journal of Contracts & Commercial Law September 12, 2009 to November 11, 2009 Rank Downloads Paper Title 1 611 The Death of Big Law Larry E. Ribstein, University of Illinois College of Law, Date posted to...

Celebrities, Sex Tapes, Contracts and a Public Service Announcement [Also: JLo Gets a TRO]

Posted on November 11, 2009
Last week, Carrie Prejean settled her lawsuit against Miss California USA (previously mentioned here and here) for next to nothing. Why? A sex tape surfaced. This week, ContractsProf Blog reads that Jennifer Lopez has sued her ex-husband for attempting to...

Review Sessions

Posted on November 09, 2009
I hold two two-hour review sessions for my four-credit contracts course. I spend most of the time just outlining the course for my students. The last half hour is spent walking them through a model answer to a practice essay...

Tribute to Professor Richard E. Speidel

Posted on November 06, 2009
The University of San Diego School of Law and the San Diego Law Review have published a tribute issue for Professor Richard E. Speidel. The authors and their topics included in the tribute issue, in alphabetical order, are as follows:...

Weekly Top Ten

Posted on November 04, 2009
Following are the ten most-downloaded new papers from the SSRN Journal of Contract and Commercial Law for the 60 days ending November 4, 2009. Rank Downloads Paper Title 1 493 The Death of Big Law Larry E. Ribstein, University of...

Bonus Limerick: Totten v. United States

Posted on October 01, 2009
I decided to bolster the section of my Contracts course devoted to public policy issues by introducing students to the Totten doctrine and the states secrets privilege, which we will discuss without reading any cases. In Totten, a the administrator...

7 Crucial Words: "Except as otherwise specified in this Agreement...."

Posted on September 30, 2009
In sexier law subjects, you might discuss the 7 dirty words. Here, at ContractsProf Blog, we talk about 7 crucial words: "Except as otherwise specified in this Agreement..." On ocassion, we've mentioned Dan Rather's breach of contract suit against CBS...

The Sucker Theory of Contract

Posted on September 29, 2009
Do individuals view breach of contract as a moral harm? Dave Hoffman (Temple) and Tess Wilkinson-Ryan (UPenn) explore this question by way of psychology and offer an explanatory theory of contract: we view the unrequited promisee as a sucker. Their...

Contracts Limerick of the Week: Fitzpatrick v. Michael

Posted on September 29, 2009
The Law in Action casebook includes two nicely contrasting cases in its section on the Statute of Frauds and problems that arise in enforcing contracts in the family setting. The first is Fitzpatrick v. Michael, 9 A.2d 639 (Maryland, 1939),...

Contracts Law & Injustice

Posted on September 22, 2009
This year, more than any other year, my students are telling me that they hate contracts. It's nothing personal, or at least I don't think it is. That is, they don't dislike my course, but they find it frustrating because...

Guitar Hero, Nirvana, (Giving) Love (a Bad Name), and Contract Law

Posted on September 17, 2009
Guitar Hero. I've never understood the fascination, but I do have a number of friends who've purchased it "for the kids." (Which, I must assume, is why one new iteration features the Beatles). Apparently the new version of the game...

Macaulay & Whitford on Hoffman v. Red Owl Stores

Posted on September 16, 2009
When I first learned that Steward Macaulay and William Whitford had written a new ?Law Stories? article about Hoffman v. Red Owl Stores, all I could do was groan. I had already read Robert Scott?s piece on the case. How...

Blogging and Scholarship (More Self-Promotion)

Posted on September 15, 2009
The ContractsProf Blog may be a gateway drug that can lead to serious scholarship. As depicted at left, it may have all started with an innocent conversation at Woodstock about contract law, party sophistication and the new formalism, and the...

NY Court of Appeals Hears Contract Damages Case

Posted on September 15, 2009
The 2009-2010 term of the New York Court of Appeals begins today, and scheduled for oral argument is St Lawrence Factory Stores v. Ogdensburg Bridge and Port Authority, a case about contract damages. Here's the case summary prepared by Public...

Limerick of the Week: Leonard v. Pepsico, Inc.

Posted on September 14, 2009
As most readers of this blog likely know, John Leonard saw a Pepsi commercial and then attempted to accept what he took to be Pepsi's offer of a Harrier Jet. The commercial seemed to indicate that one could get a...

A Simple Contract Issue or a Moral Issue? Ask a 5th grader.

Posted on September 09, 2009
This week, it is back to school for 5th graders across the U.S. Maybe we should ask them who should win a legal battle that is heating up in Georgia. Kathy Cox, the superintendent of Georgia's schools, won $1 million...

Alan White on Drafting Exercises

Posted on September 09, 2009
The Third in a Series of Posts by: Guest Blogger, Alan White Thanks to Professor Miller?s post on this blog, I became aware of the Goldberg v. (Paris) Hilton case, which fit nicely into this week?s discussions of uncertain expectation...

Teaching Filanto, S.p.A. v. Chilewich Int'l Corp.

Posted on September 08, 2009
I like to give my students a little taste of the U.N. Convention on the International Sale of Goods (CISG), just so they know that it is out there and so they know that the outcome can be different if...

Save the Dates: February 26-27, 2010

Posted on September 08, 2009
Having skipped 2009 because of scheduling conflicts at the intended host school, UNLV's William S. Boyd School of Law is planning to host the Fifth International Contracts Conference (or its likeness) on February 26 and 27, 2010. More details and...

Save the Dates: February 26-27, 2010

Contracts Limerick of the Week: Izadi v. Machado (Gus) Ford, Inc.

Posted on September 07, 2009
As I mentioned in introducing last week?s Limerick, although Lefkowitz and Izadi cover much the same ground, I think they go well together. In fact, I also have the students read Leonard v. Pepsico., Inc., which is always good for...

Contract Law, Party Sophistication and the New Formalism [File this under: Self-Promotion]

Posted on September 04, 2009
While I took a little break from blogging about the contract foibles of faded celebrities, I managed to get out a draft of "Contract Law, Party Sophistication and the New Formalism." Coming to a theater near you, courtesy of the...

UPDATE: Roxanne's Revenge: Not A True Story [File This Under Debunked Feel Good Stories]

Posted on September 03, 2009
We previously mentioned a story reported in the Daily News about Roxanne's Revenge - the heartening story about a young rapper who got a PhD on Warner Music because of a clause promising to pay for her education "for life."...

More Bad News For Seasons Ticket Holders

Posted on September 03, 2009
One issue in the dispute, discussed below, between Washington Redskins fans and the team is the team?s duty to mitigate damages when it resells tickets reclaimed from defaulting seasons ticket holders. Some of the Redskins fanned interviewed for the Washington...

And Now. . . A Feel Bad Story: Washington Redskins v. Their Fans

Posted on September 03, 2009
Although I am a fan of the Chicago Bears (Walter Payton edition), I?ve always had a bit of a soft spot for the Washington Redskins and especially for their Hogettes. Well, I?ll always love those beefy cross-dressing pig-snouted guys, but...

Hoddeson v. Koos Bros. Revisited

Posted on September 01, 2009
Is Koos Bros. estopped from denying liability for a contract entered into by a "silver-haired mountebank" on its sales floor? See Prof. Telman's Limerick for more details about this Business Associations staple on agency and estoppel. After discussing the case,...

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