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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

More Drama at Regnery Press

Posted on March 16, 2008
Last month we reported that a number of convservative authors were headed to arbitration with their claims against Regnery Publishing, a conservative press. This month, according to Human Events.com, in a separate proceeding, the arbitrator ordered author Richard Miniter to...

South Dakota Makes 30

Posted on March 14, 2008
By affixing his signature to SB 93 on March 13, 2008, Governor Mike Rounds made South Dakota the thirtieth state to enact Revised Article 1. South Dakota's enactment, along with Kansas's (enacted last year), will take effect on July 1,...

Best Efforts in Base Ball (Circa 1919)

Posted on March 13, 2008
Speaking of best efforts, consider the following standard-form language from the 1919 contract between "Shoeless" Joe Jackson and the Chicago White Sox (more precisely, Charles Comiskey, who owned the White Sox): The player agrees to render for the club owner,...

Mike Leigh on Best Efforts (Dedicated to Larry Garvin)

Posted on March 13, 2008
Helen Lenoir: Now, gentlemen, we all know why we?re here. We seem to have come to something of a stand-still. Arthur Sullivan: Indeed, we have. Lenoir: Which, Arthur, is because? Sullivan: Because, Helen, I am unable to set the piece...

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It's a Mystery: Author's Settlement Agreement is Ambiguous

Posted on March 12, 2008
Walter Mosley and Joy Kellman were married for over 13 years. During that time, Mosley commenced his writing career and became famous for, among other works, a series of stories starring a detective named Easy Rawlins, and his sidekick, Mouse....

Government Contracts and the Revolving Door

Posted on March 12, 2008
You may know John Ashcroft (left) as the author of "Let the Eagle Soar" or you may know him as a former U.S. Attorney General. In any case, he testified before Congress yesterday, defending a contract that could pay him...

Real Estate Developer's Detrimental Reliance Entitles Him to $6.5 million

Posted on March 11, 2008
A trial judge in Suffolk County, New York has awarded a real estate developer roughly $6.5 million in damages based on the developer's "detrimental reliance." The plaintiff Ron Parr, a local real estate developer, had entered into business dealings with...

Contracts, Politics, and National Security

Posted on March 11, 2008
On February 29th, the U.S. Air Force announced that it was awarding a $35-40 billion contract to build aerial refueling planes to a team formally led by Northrop Grumman. I challenge anyone to click on the image at left and...

Really Hot Cayanne: Porsche Up in Flames

Posted on March 10, 2008
This story concerning allegations of breach of contract, breach of warranty and negligence, courtesy of The BLT: A D.C. law firm specializing in national security cases moved a little away from its niche this week by filing a civil action...

Foreclosure Conference at Valparaiso

Posted on March 10, 2008
My colleague, Alan White, has organized a one-day conference, "Defending Foreclsosures, Saving Homes," to be held Friday, March 29, 2008 at the Valparaiso University School of Law. Conference participants will learn about the latest developments in foreclosure and bankruptcy, loss...

Syllabi as Contracts

Posted on March 10, 2008
I have often considered beginning my Contracts course by insisting that students sign and return a copy of a mock syllabus containing unreasonable terms on the first day of class. My favorite unreasonable term: If a student's cell phone goes...

Spring Break

Posted on March 09, 2008
My postings may be a little thin this week. As some of you know, my second job is as owner of the Texarkana Gunslingers, an independent minor league baseball team. Spring training starts May 1, and I'm off to the...

Vicous Unprovoked Assault on Brian Leiter Refuted!

Posted on March 09, 2008
There are three things most everyone knows about our blogmate Brian Leiter (Texas), the author of Brian Leiter's Law School Reports (the People magazine of America's elite law schools), and more recently Brian Leiter's Legal Philosophy Blog. The first is...

How Much Should a CD Cost?

Posted on March 08, 2008
Well, of course, a CD should cost whatever the market says it should cost. It's a matter of supply and demand, as anybody familiar with the most basic economic principles will tell you. Oh, wait. That was in the days...

Georgia O'Keefes to Stay at Fisk University

Posted on March 08, 2008
In 1949, Georgia O'Keefe donated 101 of her paintings, including Radiator Building -- Night, New York (left) to Fisk University. As CBS reports, O'Keefe's donation required that the paintings not be sold and be kept on permanent display. Fisk University,...

Consequential Damages Welcome Here!

Posted on March 07, 2008
In two cases decided on February 18, 2008, the New York Court of Appeals permitted the award of consequential damages despite contractual provisions in insurance policies excluding consequential loss, so long as the damages were the "foreseeable" and "natural and...

Showdown in Minnesota

Posted on March 06, 2008
It's high noon in L?etoile du Nord, and the big guns are out and firing. In its "Exchange" forum, the Minnesota Law Review is featuring lively contributions by NYU's Oren Bar-Gill (left) and the University of Chicago's Richard Epstein (below...

To Deponents: More Contract Talk, Less Profanity

Posted on March 05, 2008
A federal judge has sanctioned a lawyer and his client for the client's stubborn and sustained use of profanity during his deposition in a contract dispute. The story, from the WSJ Law Blog: First thing we did this morning, after...

Tom Stoppard on Formation Defenses (and Vic Goldberg's "Net Profits Puzzle")

Posted on March 04, 2008
Fennyman: Henslowe, do you know what happens to a man who doesn't pay his debts? His boots catch fire! Cut to playhouse interior where the proprietor, Henslowe, is trussed up with his boots being held to a burning brazier Fennyman's...

Peevyhouse Redux?

Posted on March 04, 2008
This story from Robert J. Ambrogi at law.com's Legal Blog Watch: It is debatable whether George Washington ever chopped down a cherry tree, but we can be certain he was never dragged into court over it. Not so the Martha's...

Legal Theory Blog Recommends . . .

Posted on March 02, 2008
For the first time since December 1, 2007, Lawrence Solum, the inspirator of the Legal Theory Blog, recommends a piece of contracts scholarship as his Download of the Week. He recommends Curtis Bridgeman's Contracts as Plans. Here is the abstract:...

The Best is the Enemy of the Reasonable

Posted on March 01, 2008
What?s the difference between a clause requiring "best endeavours" and one requiring "reasonable endeavours"? And, for that matter, one requiring "all reasonable endeavours"? In a decision last year, Rhodia International Holdings v. Huntsman International LLC, [2007] EWHC 292 (Comm), the...

Three Cheers for Merchants!

Posted on March 01, 2008
I was just reading with great interest the spiffy new Commercial Law Blog when I came across a fascinating post on The Morality of Trade by Marie T. Reilly (pictured) that included this: If merchants "were [ever] considered" no better...

Why Is a Burrito Sandwich So Hard to Swallow?

Posted on February 29, 2008
As Professor Marjorie Florestal (University of the Pacific McGeorge School of Law) notes in the abstract to her new article, Is a Burrito a Sandwich? Exploring Race, Class and Culture in Contracts, a recent case involving the question of whether...

Oman's Random Thoughts on Consideration

Posted on February 29, 2008
Nate Oman (William & Mary) asks: why bother with consideration to determine which promises are enforceable? He argues: why not enforce all promises, no matter how trivial, and let litigation costs serve as the gatekeeper for which promises get enforced...

Commercial Law Blog

Posted on February 29, 2008
Welcome to the world ... Commercial Law blog. Check it out; add it to your Google Reader subscriptions. [Meredith R. Miller]

Call for Papers: Security and Privacy Issues in IT

Posted on February 28, 2008
Those whose work touches on electronic commerce and related issues may be interested in the upcoming Third International Conference on Legal, Security and Privacy Issues in IT, which will be held at the University of Economics, Prague, Czech Republic, on...

India, International Cricket Battle Over Contracts

Posted on February 28, 2008
Backers of the new India Premier Cricket League are bracing for a battle with the International Cricket Council over the ICC's decision to schedule matches so as to prohibit players from competing in the upstart league. The Premier League has...

ContractsProf Isn't Chicken

Posted on February 28, 2008
One of the seller's witnesses in Frigaliment Importing Co. v. BNS Int'l Sales Corp., 190 F. Supp 116 (1960), testified that "'Chicken is everything except a goose, a duck, and a turkey. Everything is a chicken. . .'" Professor Ethan...

Writers Ratify Strike Settlement

Posted on February 27, 2008
The Associated Press reports that 93.6% of the members of the Writers Guild of America voted to ratify a three-year contract with Hollywood movie and television companies, thus ending the tragic writers' strike. Only 4.060 of the 10,500 Guild members...

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