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Corporate & Securities Law

ContractsProf Blog 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

Recent Entries: 1236

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Happy Thanksgiving!

Posted on November 25, 2010
On a day like today, when the first icy (45° F) blast of winter is coming down the verdant Brazos Valley, chilling the rattlesnakes and rattling the Mexican junipers at Château Snyder, it's nice to sit in front of a...


Kelly gets Inside Contract Law

Posted on November 24, 2010
Michael Kelly at San Diego has a new student-friendly book due out in mid-December, Inside Contract Law: What Matters and Why. Some of the features: ;basic coverage of the main themes of contract law in theory and practice ;a straightforward...


Today in History -- November 24

Posted on November 24, 2010
1632 ? Philosopher Baruch Spinoza is born at Amsterdam in the Dutch Republic. He will turn down numerous academic appointments to keep his job as a lens grinder, even though that job didn?t promise him tenure. 1642 ? On a...


There must be a better way of putting this . . . .

Posted on November 24, 2010
Homeland Security Secretary Janet Napolitano is thanking beleaguered Transportation Security Administration employees for their, um, "hard" work. FGS


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If explicit enough, court will enforce condition precedent

Posted on November 24, 2010
It is often said that conditions precedent are not favored in contract law, and must be stated extremely clearly if they are to be given effect. Cases like Peacock Construction Co. v. Modern Air Conditioning, Inc., 353 So. 2d 840...


News in Brief -- Wednesday, Nov. 24, 2010

Posted on November 24, 2010
LOS ANGELES (Calif.): "Axl Rose of Guns N' Roses has filed a $20 million suit against Activision, charging that it broke its promise not to feature former bandmate Slash in "Guitar Hero III" as a condition for obtaining the rights...


Texas Wesleyan names former law dean as President

Posted on November 24, 2010
I'm personally very happy to announce that Texas Wesleyan University in Fort Worth has just named Frederick G. Slabach, CEO of the Harry S. Truman Scholarship Foundation in Washington D.C., as the 19th president of the 120-year-old university. Slabach was...


Ribstein on discouraging venture capitalists

Posted on November 23, 2010
Larry Ribstein (Illinois) has some thoughts at Truth on the Market about new SEC rules designed to bring hedge funds and venture capital outfits under regulation. Here's his take: The [new] rule grandfathers existing funds that have represented themselves as...


Anderson on the microfinance collapse

Posted on November 23, 2010
The situation in India's microfinance industry continues to deteriorate, appearing to replicate what went on in the U.S. with Fannie Mae and Freddie Mac and is still going on in the U.S. housing markets. For years microfinance -- the lending...


No "bad faith" in Katrina coverage dispute

Posted on November 23, 2010
The Mississippi Supreme Court has reversed an award of punitive damages, attorneys? fees, and damages for emotional distress against an insurer who denied coverage for storm-surge damage caused by Hurricane Katrina. The court upheld a jury verdict for compensatory damages...


Today in History -- November 23

Posted on November 23, 2010
534 BC ? Thespis of Icaria becomes the first actor to act out the part of a character?as opposed to being a narrator or commentator?on the Greek stage. This new style of drama will become known as "tragedy." 1499 ?...


"No oral modification" clause dooms claim under public contract

Posted on November 23, 2010
Courts are often reluctant to enforce contract clauses that prohibit the parties from making oral modifications to contracts and require that all changes be in writing signed by the parties. California courts tend to ignore these "no oral modification" clauses...


News in Brief -- Tuesday, Nov. 23, 2010

Posted on November 23, 2010
WHITE PLAINS (N.Y.): "The U.S. Tennis Association is suing Olympus Corporation of the Americas for $11.65 million for breach of contract, saying the camera company wants to get out of their sponsorship agreement for 2011." TORONTO (Ont.): "Shoppers Drug Mart...


Ms. Quinn, Mr. Lonnegan is on line six . . . .

Posted on November 23, 2010
I've never watched Dancing With the Stars and probably couldn't tell Bristol Palin from Bristol Myers in a police line-up, so I have absolutely no interest in whether she wins the TV competition or not. But you don't have to...


A Wrench in One Judge's Mortgage Modification Revolution: Reversal on Appeal

Posted on November 23, 2010
In an April 2010 post titled One Judge?s Mortgage Modification Revolution, we wrote: In Suffolk County, New York, in the Residential Mortgage Foreclosure Conference Part, Justice Jeffrey Arlen Spinner is waging his own mortgage reform revolution. Back in November, Justice...


News in Brief

Posted on November 22, 2010
MONDAY, NOVEMBER 22, 2010 HOLLYWOOD (Calif.): "Live Nation reportedly is suing former Chairman Michael Cohl for $5.35 million, the amount he allegedly owes the company as part of his exit agreement from more than two years ago." IRVINE (Calif.): "Spectrum...


More claims by "contract employees" against Feds

Posted on November 22, 2010
Steve Schooner (right) and Collin Swan (both Geo. Washington) have a new paper out, Suing the Government as a 'Joint Employer'?Evolving Pathologies of the Blended Workforce. Here?s the abstract: As the 'blended workforce'?a realm in which contractors work alongside, and...


Today in History -- November 22

Posted on November 22, 2010
1307 ? French King Philip IV, who has borrowed more money than he can repay and has decided to blame the lenders, has puppet Pope Clement V order the arrest of all Knights Templar in Europe and seizure of their...


AALS Contracts Section Call for Proposals

Posted on November 22, 2010
The Executive Committee of the AALS Contracts Section solicits proposals for the Section?s Annual Meeting program Navigating Lombard Street in a Fog: Seeking (or Ignoring) Landmarks of Intent and Context, scheduled for Thursday, January 6, 2011 from 2:00 to 5:00...


Now in Print

Posted on November 22, 2010
Following a much longer than planned hiatus, it's time to clear the pile of journals blocking the transom. Thanks to Frank and Meredith for highlighting a few of the following during my absence. Stay tuned for future updates. T. Leigh...


Dick Whittington and the "Theater of Capitalism"

Posted on November 22, 2010
Over at the Volokh Conspiracy, Kenneth Anderson has a thread about plays that "express or comment in some important way on the economic conditions of capitalism." Here's my own thought: From a historic perspective . . . one of the...


Today in History -- November 21

Posted on November 21, 2010
1272 ? One of the great lawgivers in English history, King Edward I (left), ascends to the English throne. 1579 ? Merchant Thomas Gresham, the man whose work with Queen Elizabeth put the pound sterling on a solid footing and...


Ireland to seek bailout from EU, may need $120 billioin

Posted on November 21, 2010
The New York Times seems to consider this good news. FGS


Mortenson on McNabb-Redskins contract

Posted on November 21, 2010
Quarterback Donovan McNabb today had one of his best outsings in hia worst NFL season, leading the Washington Redskins (5-5) to a 19-16 overtime win against the Tennessee Titans. His new contract extension with the 'Skins has generated some controversy,...


Weekly Top Ten

Posted on November 21, 2010
Three new papers make our Top 10 list this week. They show the range of contract law: from suing government employers to venture capital to surrogate motherhood. Following are the Top 10 most-downloaded new papers from the SSRN Journal of...


Today in History -- November 20

Posted on November 20, 2010
869 ? St. Edmund the Martyr, King of East Anglia, is shot with arrows and beheaded after he is captured by Danes and refuses to submit to a pagan overlord. 1194 ?Emperor Henry VI completes his conquest of the Kingdom...


Unconscionability and independence in letters of credit

Posted on November 19, 2010
The "independence principle" is the rule -- traditionally very important in letter of credit law -- that a letter of credit is independent of the contract that gives rise to it, and thus ordinary contract defenses are unavailing to defeat...


Today in History -- November 19

Posted on November 19, 2010
1095 ? The Council of Clermont convenes. The Council will hears Bl. Pope Urban II call on western Christians (left) to go to the aid of the Byzantine Empire, which in the previous 20 years has seen the whole of...


Today in History -- November 18

Posted on November 18, 2010
326 ? On the site of what is believed to be the tomb of St. Peter in Rome, a basilica ordered by Constantine I and dedicated to the apostle is consecrated. 1302 ? Lawyer Benedetto Gaetani (a/k/a Pope Boniface VIII)...


Fear of flying

Posted on November 18, 2010
Having just got back from a whirlwind family airline trip to Syracuse and New York City (LaGuardia), this piece from the Atlantic's Megan McArdle really about sums up my feelings. These days, if it takes less than twelve hours to...


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