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Corporate & Securities Law

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

Away for the Weekend

Posted on June 05, 2008
I will be away this weekend, attending the West Chester University Poetry Conference. Hopefully, I will be able to brush up on my prosody a bit and thus improve the Limericks. If you are in the Philadelphia area and would...

Weiskopf on Lady Duff

Posted on June 05, 2008
St Johns University's Nicholas Weiskopf has a new article forthcoming in the Pace Law Review about Cardozo's famous decision involving Lucy, Lady Duff-Gordon (pictured). It's always nice to have occassion to ponder Lady Duff-Gordon and Cardozo's opinion in the Wood...

Supersonic Contract Dispute

Posted on June 05, 2008
This is Seattle. A nice place for a basketball team. Or so thought former Seattle Supersonics owner, Howard Schultz. This is Oklahoma City, home of the new owners of the team, including the group's chairman, Clay Bennett. A bit retro,...

Limerick of the Week: Hoddeson v. Koos Bros.

Posted on June 02, 2008
Shakespeare? Overrated! I mean, I've looked through the guy's works -- ahem, excuse me, oeuvre -- and I have many complaints. First, the guy can't spell. Second, his plays are full of cliches. "There's something rotten in the state of...

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Ding, Dong, the Which* is Dead

Posted on May 29, 2008
At its annual meeting last week, the American Law Institute approved an amendment, which NCCUSL (a.k.a. the Uniform Law Commission) had previously approved, replacing the oft-jilted text of Revised UCC � 1-301 with language consistent with pre-Revised UCC � 1-105:...

Pondering Unconscionability

Posted on May 29, 2008
Diligently avoiding grading the last of my exams, I ran across a couple of interesting-looking papers recently distributed by the Social Science Research Network -- each of which grapples with the ever-slippery concept of unconscionability. Omri Ben-Shahar, immediate past president...

Speaking of International Law ...

Posted on May 27, 2008
Moved by the spirit of Jeremy's recent shout out to the new International Law Prof Blog, I realized it has been more than a year since I last updated this blog's readers on the status of the U.N. Convention on...

Speaking of Fishin' and Baseball Players ...

Posted on May 27, 2008
Here's one in honor of our fearless leader, Frank Snyder, who now spends his spare time as a minor league baseball mogul. The recent trade that sent pitcher John Odom (no, not that John Odom) from the Calgary Vipers to...

Idiosyncratic Terms a la Monty Python

Posted on May 27, 2008
Groom: We want to buy a bed, please. Mr. Lambert: Oh, certainly. I'll get someone to attend to you. Mr. Verity! Mr. Verity: Can I help you, sir? Groom: Ah, yes. We'd like to buy a bed ... a double...

Limerick of the Week: Botticello v. Stafanovicz

Posted on May 27, 2008
This is the case I use to teach the doctrine of ratification, even though in this case the court found no ratification. It's a fun case to teach, and students are usually relieved to learn that the case is easier...

The Antioch College Contract

Posted on May 26, 2008
Antioch College held its last commencement ceremonies (for a while) this month. The school's Board of Trustees announced in 2007 that it would close this year, with plans to re-open in 2012. More than half of the Antioch College faculty...

Gone Fishin'

Posted on May 25, 2008
Posts are likely to be relatively light around here at ContractsProf Blog over the next week or so, while your humble contributing editors are traveling around the globe. No worries, we'll be back with BIGGER, BETTER and BOLDER content when...

Regulating Early Termination Fees

Posted on May 25, 2008
Terminating a cell phone service contract can be cost prohibitive because of the early termination fees charged by most carriers -- that is, the $175 or more the carriers charge if you cancel your service contract early. I have always...

Why Baseball Players Need Tenure

Posted on May 24, 2008
One of the overlooked advantages of tenure is that deans cannot trade law professors for players to be named later and the like. More specifically, as the USA Today reports, no dean would think of trading a law professor for...

"Well, my hope is that someday it won't be called a contract; it will be called marriage."

Posted on May 23, 2008
Ellen DeGeneres to Senator McCain earlier this week, in an exchange that made McCain visibly squirmy. Her remark is apropos of my previous post concerning the marriage as contract rhetoric. Here's a transcript of their exchange: DeGENERES: We're back with...

"Wow, rockstars ask for some stupid crap."

Posted on May 22, 2008
If you need a break from grading exams, check out the Foo Fighter's catering and hospitality contract riders at The Smoking Gun. Quite amusing, and definitely written with an audience in mind, including a clause which acknowledges: "Wow, rockstars ask...

Motorola Judgment Reduced from $4 Billion to Zero

Posted on May 21, 2008
Business Week, picking up a story from the Associated Press, reports that a bankruptcy judge has approved a settlement in the Iridium case, reducing Motorola's liability from $4 billion to zero. According to The Register, Iridium was and is a...

Oh, About Computation of Prejudgment Interest. . .

Posted on May 21, 2008
The introductory contracts course glosses over topics like the calculation of prejudgment interest (at least, my course does). Here is an excerpt from a recent case from New York's intermediate appellate court (3d Department) that demonstrates the potential complexity of...

Welcome International Law Prof Blog!

Posted on May 20, 2008
We at the Contract Profs Blog would like to welcome a new team to the Law Professor Blog Network family. Editors Mark Wojcik (left), Cindy Buys (center), and Michael Peil (right) have joined forces with Contributing Editor, Cyndee B. Todgham...

Limerick of the Week: Mill Street Church v. Hogan

Posted on May 20, 2008
Thisis a useful teaching case because it covers both implied actual authority and apparent authority. The Church is bound by Bill Hogan's decision to hire his brother, Sam, to do some work in the church both because a past course...

Not-Quite-Mid-Year UCC Legislative Update

Posted on May 17, 2008
Out of deference to friends and colleagues updating casebooks and statutory supplements for publication prior to the start of fall classes, as well as friends and colleagues teaching contracts or commercial law courses this summer or preparing or updating their...

Patriots Fan Ordered to Pay $65,500 in Liquidated Damages for Breach of 10-Year Agreement for "Luxury" Stadium Seats

Posted on May 16, 2008
This breach of contract story from the Boston Globe: If you want to buy those luxury seats at Gillette Stadium to enjoy Patriots games, better read the fine print first. A man who decided he wanted out of his 10-year...

Jail Time for Breach of Contract?

Posted on May 16, 2008
Today's New York Times reports that a 49-year-old Missouri woman has been indicted for driving a 13-year-old California girl to suicide through use of a MySpace account. According to the indictment, Lori Drew created a MySpace account under the name....

"It's contract law, marriage, that's all it is, contract law."

Posted on May 16, 2008
Charles Karel Bouley's reaction (at Huffington Post) to the California Supreme Court's marriage decision. Here's an excerpt of his reaction: Mayor Newsom, I was wrong. I apologize. This morning, May 15, 2008 at 10am, when the California State Supreme Court...

A Right to Health Insurance for Same-Sex Partners? It Depends on What You Mean by ?Similar Union,? ?Recognized,? ?Only Agreement? and ?For Any Purpose?

Posted on May 15, 2008
First Vermont allowed same-sex couples to enter into civil unions. Then Massachusetts allowed same-sex couples to marry. (And, JUST HOURS AGO, the Supreme Court of California lifted that state's ban on same-sex marriage). In response to the strides made by...

EarthLink and Wireless Philadelphia Disconnecting

Posted on May 14, 2008
According to the Wall Street Journal, EarthLink announced on Tuesday that it would be discontinuing its wireless Internet service in municipal Philadelphia. Since 2006, Earthlink had been working with Wireless Philadelphia to provide low-cost wireless Internet service in the city...

Today is the Day!!

Posted on May 14, 2008
Based on our history, I predict that today will be the day that this blog surpasses 500,000 visitors since its inception. If we only had a Uruguayan Peso for each of those visitors . . . . Thanks for visiting!...

The Importance of Appropriate Word Choice

Posted on May 13, 2008
This isn't much of a contracts story, but luckily most things can be connected to contract law. Contractual obligation distills to what it appears the parties intended to promise to do. And, the first indicator of what the parties intended...

"No Damages for Delay" Clause Enforced in Colorado

Posted on May 12, 2008
A Colorado appellate court recently held that a "no damages for delay" clause in a construction subcontract was enforceable. The general contractor had a highway construction contract with the Colorado Department of Transportation. The general contractor entered into a subcontract...

Limerick of the Week: Watteau v. Fenwick

Posted on May 12, 2008
It is worth teaching Business Associations just for this case. It is the perfect illustration of the doctrine of inherent authority. It has all of the necessary ingredients: a general agent for an undisclosed principal who exceeds his authority by...

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