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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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Porter on natural law and legal authority

Posted on October 21, 2010
If you're in the Philadelphia area tomorrow, there's an interesting symposium going on at Villanova. The Joseph T. McCullen Symposium on Catholic Social Thought and Law will focus on Jean Porter's forthcoming book Ministers of the Law: A Natural Law....


CIA sues ex-agent for breach of contract

Posted on October 21, 2010
The U.S. Central Intelligence Agency has a lot of weapons in its fight against America's enemies. And one of them is breach of contract litigation. The CIA has sued a former agent for breach of contract, claiming the agent published...


News analyst fired for being a "pundit"?

Posted on October 21, 2010
The Web is atwitter over the firing of National Public Radio's Juan Williams over comments he made on Bill O'Reilly's Fox News television program. We at ContractsProf are interested in the really important question: What part of his contract did...


Today in History -- October 20

Posted on October 20, 2010
1740 ? Maria Theresa, age 23, ascends the throne of the Austrian Empire. Because she?s a woman, France, Prussia, Bavaria and Saxony refuse to accept her rule and launch the War of the Austrian Succession. 1803 ? The United States...


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Today in History -- October 19

Posted on October 19, 2010
202 B.C. ? Roman troops defeat Hannibal at the Battle of Zama, thus ensuring that future lawyers would have to learn maxims in Latin rather than Punic. 1469 ? King Ferdinand II of Aragon marries Queen Isabella I of Castile....


BC 3L offers a contract modification

Posted on October 19, 2010
A Boston College 3L -- who describes himself as "desperate," "discouraged," "scared," "hopeless,""terrified," and "resentful" -- has posted an "open letter" to the dean of Boston College Law School offering an unusual deal: I?d like to propose a solution to...


Ribstein on Wilkes v. Springside Nursing Home

Posted on October 19, 2010
Due to a couple of peewee football games, a child's birthday, and various other things, I've not yet posted my thoughts on the recent conference at Western New England law school on Wilkes v. Springside Nursing Home. But Larry Ribstein...


. . . I hear the rolling contract . . .

Posted on October 18, 2010
Interesting contract question came up lthe other night in a Sheraton hotel in Springfield, Mass. The hotel, guests are informed when they register, is nonsmoking. But once in the room, the guest is presented with a little card labeled "breathe...


Today in History -- October 18

Posted on October 18, 2010
1009 ? Demonstrating Islamic tolerance, Caliph Al-Hakim bi_Amr Allah razes the Church of the Holy Sepulchre?the spot sacred to Christians as the site of the Crucifixion?down to the bedrock. 1016 ? The Danes under Knut II defeat the Edmund Ironside?s....


Oral Joint Venture Agreements and the Statute of Frauds

Posted on October 18, 2010
George Bundy Smith and Thomas J. Hall provide a nice overview of the recent decisions in New York concerning oral joint venture agreements and the statute of frauds. The bottom line in New York: the . . . statute of...


Psst! Hey, kid, wanna buy an Ivy League education?

Posted on October 18, 2010
Research may show that the key to future success in this life isn't going to an Ivy League college, it's having good enough credentials to get into an Ivy League college. But that doesn't stop parents whose lives will be...


Real estate slump hits sales of private islands

Posted on October 18, 2010
The recession and the slump in housing isn't just huring poor homeowners whose mortgages are underwater. Even the rich are suffering, as the market in sales of private islands has nearly dried up, according to a piece in the real...


Today in History -- October 17

Posted on October 17, 2010
1448 ? A Muslim army under Sultan Murad II defeats Hungarian and Wallachian forces at the Second Battle of Kosovo. As a result, the Christian Balkan states and eventually Constantinople will fall under Muslim control. 1456 ? Germany?s fourth oldest...


Weekly Top 10

Posted on October 17, 2010
Three new papers crack our Top Ten this week, led by Christopher Peter?s very timely look at the embattled Mortgage Electronic Registration System. It?s not surprising it?s been download more than two thousand times in the past two weeks. Following...


Shortfalls are bustin' out all over

Posted on October 16, 2010
Via Tyler Cowen at Marginal Revolution, a grim story of pending budget cuts and tuition increases in the United Kingdom. The bad news -- tuition looks like it will double. The good news -- it will still be only about...


A good time was had by all

Posted on October 16, 2010
I'm on the way back to Fort Worth -- enjoying the free WiFi at Philadelphia International Airport -- after a great one-day conference at Western New England?s Blake Law Center. The conference marked the 35th anniversary of one of the...


Hourly wage v. piecework: Guess which employee is more productive?

Posted on October 16, 2010
Workers paid on a piecework basis were 20 percent more productive than workers paid on an hourly wage -- and they produced the same level of quality -- according to a recent study of tree-cutting workers. The paper, Incentive Effect...


Bedbugs Have Crept into Contracts

Posted on October 16, 2010
Bedbugs and real estate contracts seems to be a topic in regular rotation in the New York Times. (See previous post, Timeless Topics: Insects and Real Estate Contracts). Today's paper reports on the pesky little bedbug problem and the emerging...


Today in History -- October 15

Posted on October 15, 2010
70 B.C. ? Publius Vergilius Maro is born at Antes, near Mantua in Cisalpine Gaul. He will give up the study of the law to write poetry under the name of "Virgil." 1582 ? Pope Gregory XIII implements the Gregorian...


Sure, Red Sox lost, but owner Henry wins

Posted on October 15, 2010
We noted yesterday that a British judge refused to stop the acquisition of the Liverpool FC football (soccer) club by Boston Red Sox owner John W. Henry. Looks like Henry has closed the deal. Story here. The Liverpool purchase is...


Integration Issue Not Appropriate for Resolution on 12(b)(6)

Posted on October 15, 2010
Can a contract action based on an alleged oral contract be dismissed for failure to state a claim where the defense claims the parties subsequently entered into a fully integrated written agreement? No, says the U.S. District Court for the...


Best law schools for big-firm partners?

Posted on October 15, 2010
THe indefatigable Paul Caron at TaxProf has a rundown on some work by Loyola-L.A.'s Ted Seto (left) on which law schools produce the most partners at America's biggest law firms. The list looks a lot like what you'd expect, but...


Today in History -- October 14

Posted on October 14, 2010
1066 ? Troops led by William, Duke of Normandy, kill English King Harold II at the Battle of Hastings. William assumes the crown, leading to two things that will bedevil future generations of law students: law french and feudal tenures....


The Hardest Law Schools to Get Into

Posted on October 14, 2010
Those of you who only like to go to restaurants where it's hard to get a reservation and buy cars where the dealer has a waiting list will be interested to know that the Princeton Review has a list of...


Barnett Talk at NYU

Posted on October 14, 2010
If you're in the Big Apple tomorrow (Thursday, 10/14/10), you might want to catch Contracts/Con Law scholar Randy Barnett, who's delivering the 6th annual Friedrich von Hayek Lecture at New York University. Barnett's topic is Commandeering the People: Popular Sovereignty...


Heat have LeBron, but not enough radio coverage

Posted on October 14, 2010
The Miami Heat, the NBA team that earlier this year made headlines by adding former Cleveland star LeBron James to its roster, is now suing Clear Channel, the radio company that broadcasts Heat games. The Heat claim (claims?) that the...


Bosox group wins round in Liverpool acquisition

Posted on October 14, 2010
It keeps getting worse for former Texas Rangers owner Tom Hicks -- whose team just won the first playoff series in its 39-year-history the year after he was ousted. Hicks's bid to stop a group of Boston Red Sox investors...


I'll gladly pay you Tuesday . . . .

Posted on October 14, 2010
What social practice has been condemned by Christian, Jewish, and Moslem tradtions, as well as the ancient Greeks, and yet forms one of the cornerstones of modern life? The answer, of course, is usury -- the lending of money at...


Mistaken Representation is not an "Accident"

Posted on October 13, 2010
The Sixth Circuit has affirmed, in an unpublished opinion, a district court case holding that a commercial general liability carrier was not obligated to defend partners in a family limited partnership who were sued for conversion and "constructive fraud...


Fiduciary Duties in Closely Held Firms

Posted on October 13, 2010
The 1975 Massachusetts decision in Wilkes v. Springside Nursing Home is one of the staples of the Business Associations course. Its holding -- that shareholders in closely held corporations owe each other fiduciary duties -- has been controversial from the...


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