Corporate & Securities Law

Hatzis on surrogacy contracts in Greece

Posted on November 18, 2010
Gestational surrogacy contracts raise a host of legal issues, from formation to public policy to remedies, which is presumably why In re Baby M,,109 N.J. 396, 537 A.2d 1227 (1988), is such a contracts course staple. Aristides Hatzis (Athens Law/Philosophy)...

Today in History -- November 17

Posted on November 17, 2010
1558 ? Queen Mary I of England dies and is succeeded by her half-sister Elizabeth, with very unfortunate results for Catholics. 1777 ? The Articles of Confederation are submitted to the thirteen united American colonies for ratification. 1800 ? The...

Today in History -- November 16

Posted on November 16, 2010
534 ? The second and final revision of the Codex Iustinianus Repetitae Praelectionis?the part of Emperor Justinian?s massive Corpus Iuris Civilis which includes the constitutiones of the Roman Emperors?is published at Constantinople. 1532 ? Francisco Pizarro and his men capture...

Unconscionability in risky transactions

Posted on November 15, 2010
Olha Cherednychenko (Faculty of Law, VU University-Amsterdam) has just posted Conceptualising Unconscionability in the Context of Risky Financial Transactions: How to Converge Public and Private Law Approaches? It?s part of a new book, Unconscionability in European Private Financial Transactions: Protecting...

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Judges as profit-maximizing cartel defectors

Posted on November 15, 2010
Cartels that aren't supported by legal sanctions find it very difficult to keep members from defecting. Even when a cartel is made up of the smartest, noblest, wisest, most public-spirited people in the world --U.S. federal judges -- some members...

Aquinas and liberalism

Posted on November 15, 2010
The Lumen Christi Institute and the University of Chicago's Department of Political Science will be hosting the 2010 Yves Simon Memorial Lecture this Wednesday, November 17. The speaker is Paul Sigmund, an authority on political theory and Latin American politics...

Today in History -- November 15

Posted on November 15, 2010
1515 ? Thomas Wolsey, Archbishop of York, is invested as a Cardinal. As Chancellor to Henry VIII, he will later set maximum retail prices for meat and use the Star Chamber to prosecute persons who sold meat at "unjust" prices....

Today in History -- November 14

Posted on November 14, 2010
565 ? Justinian, the Roman emperor whose codification of imperial laws would have an enormous impact on the development of the law around the world, dies at Constantinople. 1533 ? Francisco Pizarro and 168 companions arrive at Cajamarca in the...

The customer is not right

Posted on November 14, 2010
This is a tough time for small businesses pretty much everywhere. But a Boston food mart that just went out of business isn't blaming the economy. It's blaming its customers. Turns out they weren't as sophisticated and loyal as the...

Contracting under uncertainty, Chinese real estate edition

Posted on November 14, 2010
Gregory Stein (Tennessee) recently posted Commercial Leasing in China: An Overview. We missed it when it first came out because it's not classified as a contracts article, but it's got some interesting stuff for contracts profs. Here's the abstract: In...

Weekly Top Ten

Posted on November 14, 2010
Following are the Top 10 most-downloaded papers from the SSRN Journal of Contract and Commercial Law for the 60 days ending November 14, 2010. (Last week's ranking in parentheses.) 1 (1) Two Faces: Demystifying the Mortgage Electronic Registration System's Land...

Electronic essays on excused non-performance

Posted on November 13, 2010
Paul Wangerin (John Marshall) has posted Breach and Excused Non-Performance in Contract Cases: Electronic Essays on Selected Topics in USA Business Law. Here?s the abstract: These electronic essays cover a topic that is probably (a) the single most commonly encountered...

Today in History -- November 13

Posted on November 13, 2010
354 ? St. Augustine of Hippo is born at Thagaste in Numidia, now Algeria. His drunken early life will later make him the patron saint of brewers. 1002 ? Hoping to stop the Viking invasions of England, King ?thelred II...

Payday lending: good or bad?

Posted on November 13, 2010
FGS

Steamy Photo Shoot at Brooklyn Law School Challenges Stereotypes about Libraries

Posted on November 13, 2010
Oscar Wilde said: "There is only one thing in life worse than being talked about, and that is not being talked about." That was my first thought in the grocery store today when I noticed that Brooklyn Law School (my...

Contract law as "smoke and mirrors"

Posted on November 12, 2010
Danielle Kie Hart (Southwestern) is not exactly a cheerleader for laissez-faire contract law. She?s just posted the thought-provoking Smoke, Mirrors & Contract Law. I?m more sanguine about the utility of contract law and the fairness of binding people to their...

What is "chicken"?

Posted on November 12, 2010
Courtesty of a student of Bill Dodge (UC-Hastings), a nice illustration for use when you teach Frigaliment Importing Co. v. B.N.S. International Sales Corp., 190 F.Supp. 116 (S.D.N.Y. 1960). FGS

Today in History -- Novembert 12

Posted on November 12, 2010
1035 ? Canute the Great, King of England, Denmark, and Norway, dies at Shaftesbury in Dorset. Quarrels between his sons will cause his Anglo-Scandinavian empire fall to pieces within a decade of his death. 1595 ? Sir John Hawkins, the...

Horton on AT&T v. Concepcion

Posted on November 12, 2010
David Horton (Loyola-L.A.) filed one of the amicus briefs in the AT&T Mobility LLC v. Concepcion case in the Supreme Court. We asked him for his take on the likely outcome, and he graciously responded: I could see Breyer, Ginsburg,...

Happy one millionth page view!

Posted on November 12, 2010
Early this morning ContractsProf recorded its 1,000,000th page view. In a little over six years, that comes to -- well, if we could do the math we wouldn't be law professors. But if we only had a nickel for every...

Textual influences on development of contract rules

Posted on November 11, 2010
Reinhard Zimmermann of the Max Planck Institute for Comparative and International Private Law has a new paper coming out in a Festschrift für Helmut Koziol. It?s called Unworthiness to Inherit: The Development of a Legal Rule in the Mirror of...

Today in History -- November 11

Posted on November 11, 2010
1620 ? At Provincetown Harbor near Cape Cod, 41 passengers aboard the Mayflower?who had expected to join the existing colony at New York but who were blown off course?sign a Compact to form a new colony in the unsettled stretch...

Conceptions about AT&T v Concepcion

Posted on November 11, 2010
As Frank mentioned earlier, over at Concurring Opinions, Lawrence Cunningham (Geo Washington) provides a recap of the oral argument in AT&T v. Concepcion. Cunningham wrote that the argument was "riveting." Jean Sternlight (UNLV) described the case as potentially "momentous...

Does overregulation waste human capital?

Posted on November 11, 2010
It does in universities, according Alan Chen at Concurring Opinions. We noted a couple of days ago that Ohio State President Gordon Gee boasted about how evading government construction requirements saved 15% on a $1 billion project, and complained that...

Cunningham on AT&T v. Concepcion

Posted on November 11, 2010
Over at Concurring Opinions, Lawrence Cunningham (Geo. Washington) offers a recap of the argument in AT&T v. Concepcion (the Supreme Court case that pits the big telephone company against the plaintiffs' class action bar) with his commentary. His take on...

Learning law on line with very attractive women

Posted on November 11, 2010
It's pretty common for law schools (like other college and university departments) to feature their better-looking students when they feature them in advertisements and promotional materials. That makes sense; most guys (at least) would rather go to law school with...

Choice of law in Latin American international contracts

Posted on November 10, 2010
Maria Mercedes Albornoz of Mexico?s Centro de Investigación y Docencia Económicas (CIDE), has posted a new paper, Choice of Law in International Contracts in Latin American Legal Systems. Here?s the abstract. Nowadays, party autonomy is a world-wide accepted principle in...

Today in History -- November 10

Posted on November 10, 2010
1444 ? Islamic troops under Sultan Murad II crush the allied armies of Hungary and Poland at the Battle of Varna in what will later become Bulgaria. The victory sets the stage for the Muslim conquest of Constantinople. 1674 ?...

UNH law picks chief Justice as new dean

Posted on November 10, 2010
The University of New Hampshire School of Law (formerly the Franklin Pierce Law Center) has gone outside the ivory tower for its new dean, New Hampshire Chief Justice John Broderick. Broderick has been on the state's highest court for 15...

News in brief

Posted on November 10, 2010
NOVEMBER 10, 2010 PARIS: Ted Forstmann, the head of the management company that represents tennis star Roger Federer, is being sued for breach of contract by a man who claims that he "served as a conduit for hundreds of bets...

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