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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

One Judge?s Mortgage Modification Revolution

Posted on April 27, 2010
While the pols debate (or don?t debate) a bank reform bill, one judge is making headlines in New York by single-handedly taking on the banks. And he?s done it (at least in part) with basic contract doctrine. In Suffolk County,...

Insurance Contracts: Two Duty to Defend Cases

Posted on April 27, 2010
On April 5, 2010, the Ninth Circuit ruled in favor of Hyundai in Hyundai Motor America v. National Union Fire Ins. Co. of Pittsburgh. The case followed a patent infringement judgment against Hyundai after it placed features on its website....

ContractsProf Blog Admits to Arbitration Exhaustion

Posted on April 27, 2010
We have been preoccupied with Rant-A-Center v. Jackson, but the Supreme Court's interest in arbitration issues is not limited to that case. Today the court decided Stolt-Nielsen v. Animalfeeds Int'l Inc. in which the issue was whether an arbitrator can...

Choice Quotations from the Rent-A-Center Arguments

Posted on April 27, 2010
Two quotations from the recent argument in Rent-A-Center West v. Jackson just call out for memorialization on this blog. Mind you, ripped from their contexts, these quotations might seem more significant than they really are, but still. . . ....

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Synopsis of the Rent-A-Center Oral Arguments

Posted on April 27, 2010
The transcript from yesterday's oral argument in Rent-A-Center West v. Jackson is available now here. I hope that some of our arbitration experts will share their thoughts on how oral argument went. My inexpert attempt at a synopsis follows: Rent-A-Center's...

Jeff Lipshaw Has a Question for You

Posted on April 26, 2010
Over at the Legal Profession Blog, Jeff Lipshaw has a post in which he asks the non-musical question, "Can a discussion of contract theory up front allay the usual first-year angst about consideration (and everything else)?" Having read Jeff's discussion,...

Oral Arguments Today in Rent-A-Center West

Posted on April 26, 2010
The U.S. Supreme Court heard oral arguments this morning in Rent-A-Center West v. Jackson, a case that has occupied us for much of this month. [Yes, I know that the picture at right does not actually represent oral argument at...

Computer Game Retailer Uses Contract to Claim 7,500 Immortal Souls

Posted on April 23, 2010
This story from Fox News: A computer game retailer revealed that it legally owns the souls of thousands of online shoppers, thanks to a clause in the terms and conditions agreed to by online shoppers. The retailer, British firm GameStation,...

Fired for Behavior Unbecoming of a Pirate?!?

Posted on April 22, 2010
As reported in the Setonian here, Bobby Gonzalez, former head coach of the Seton Hall University men's basketball team, the Pirates, filed suit last week, alleging that he was terminated in violation of the covenant of good faith and fair...

Hunter S. Thompson on Contracts

Posted on April 22, 2010
Gawker has it here. Apparently Hunter Thompson wasn't a fan of signing anything, deciding instead to scrawl Dick Cheney's name on the signature block, along with expletives and swastikas. Ironically, even if there is an argument that the scrawling evidences...

Embarrassment of Riches: Guest Post by David Horton

Posted on April 21, 2010
Many thanks to Jeremy for letting me chime in. I?ve also really enjoyed both Karen and Christopher?s posts and work on this subject. A bit of shameless self-promotion: I?ve got a (very) short essay in the Virginia Law Review In...

Rent-A-Center Roundtable Continues: Mark Weidemaier

Posted on April 21, 2010
Thanks to Jeremy for the invitation to participate in this discussion. (Full disclosure: I?m currently trapped in London after a conference, with limited access to things like the internet, and sleep. So I may have missed some of the discussion....

Weekly Top Tens from the Social Science Research Network

Posted on April 21, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal February 19, 2010 to April 20, 2010 RankDownloadsPaper Title1266The Shadow of State Secrets Laura Donohue, Georgetown University Law...

The Next Phase in Challenges to Arbitration Provisions: David Horton in the UCLA Law Review

Posted on April 20, 2010
While we are discussing the arguments pending before the U.S. Supreme Court in Rent-A-Center West v. Jackson, Loyola Law School's David Horton have moved on to the next issue in the world of arbitration agreements. Professor Horton's article, The Shadow...

ContractsProf Blog Breaks Bad

Posted on April 20, 2010
Yep. We're imperialistic, so what are you gonna do about? Throw some fulminated mercury at us?!? We've already pretty much taken over the realms of business associations, alternative dispute resolution, national security law, international law, and law and literature...

Reply Brief in Rent-A-Center West v. Jackson

Posted on April 19, 2010
On Friday, Rent-A-Center West filed its reply brief with the U.S. Supreme Court in Rent-A-Center West v. Jackson, a case we have been following on the Blog. Here is a summary of Petitioner's arguments on Reply: Rent-A-Center (RAC) begins by...

Guest Post by Karen Halverson Cross on the Rent-A-Center Reply Brief

Posted on April 19, 2010
Karen Halverson Cross Comments to RAC reply brief I write to raise a few brief points with respect to Rent-A-Center?s reply brief, which Jeremy described in today?s post: The reply brief (more so than RAC?s first brief) does an impressive...

Guest Post by Christopher Drohazal on Rent-A-Center

Posted on April 15, 2010
Thanks to Jeremy for the invitation to join this discussion and to Karen for her very helpful post (and article). A couple of thoughts: First, I agree with Karen that the issue in Rent-A-Center v. Jackson is not merely about...

Weekly Top Tens from the Social Science Research Network

Posted on April 14, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal February 13, 2010 to April 14, 2010 RankDownloadsPaper Title1431The Ethics of Contract Drafting Gregory M. Duhl, William Mitchell...

Karen Halverson Cross: Guest Post on Rent-A-Center v Jackson

Posted on April 14, 2010
As Jeremy described in his post, my recent paper, Letting the Arbitrator Decide? Unconscionability and the Allocation of Authority between Courts and Arbitrators, analyzes the issue before the Court in Rent-A-Center in the context of a broader trend in U...

Introducing Karen Halverson Cross and the Arbitration Roundtable

Posted on April 13, 2010
The John Marshall Law School's Professor Karen Halverson Cross has been generous enough to volunteer to be a guest on our blog to help us and our readers understand the issues in Rent-A-Center West v. Jackson, which is to be...

Rent-A-Center West v. Jackson II: Respondent's Brief

Posted on April 12, 2010
As we noted in an earlier post, Antonio Jackson brought an action again Rent-A-Center (RAC) claiming racial discrimination and retaliatory termination. RAC sought to compel arbitration and the District Court granted its motion to dismiss. The Ninth Circuit reversed, finding...

Guest Post by Deborah Post: Contract and Structural Inequality

Posted on April 12, 2010
[Cross-posted to SALTLAW blog] Last week we learned that Jim Perdue, Chairman of Perdue Foods Inc., spoke to Maryland legislators on behalf of the small farmers he claimed would be forced out of business if the environmental law clinic at...

Welcome to the blawgosphere SALTLAW...

Posted on April 12, 2010
SALT (the Society of American Law Teachers) has a shiny new blog, check it out. Coincidentally, my colleague Deborah Waire Post is lending her keen insight to that blog. From time to time, she will cross-post contracts related entries over...

Now in Print

Posted on April 12, 2010
Amber L. Altemose, Comment, The Anti-Concurrent Clause and its Impact on Texas Residents After Hurricane Ike, 16 Tex. Wesleyan L. Rev. 201 (2010). Adam B. Badawi, Interpretive Preferences and the Limits of the New Formalism, 6 Berkeley Bus. L.J. 1...

Brad Stevens Not Going to Ball State

Posted on April 09, 2010
As reported in the Los Angeles Times, Butler University basketball coach Brad Stevens has agreed to a lengthy extension of his contract. Although most reports suggest that this is a 12-year deal, the truth is that the contract will run...

Rent-A-Center West v. Jackson I: Petitioner's Brief

Posted on April 08, 2010
This month is arbitration month on the ContractsProf Blog, as we focus on Rent-A-Center West v. Jackson, currently pending before the U.S. Supreme Court. As we noted in an earlier post, Antonio Jackson brought an action again Rent-A-Center (RAC) claiming...

Weekly Top Tens from the Social Science Research Network

Posted on April 07, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal February 5, 2010 to April 6, 2010Thanks, no doubt, to the ContractsProf Blog bump, two papers that we...

Court Enforces Forum Selection Clause in Tradecomet.com v. Google

Posted on April 06, 2010
Back in 2008, we reported on how Curtis Bridgeman and Karen Sandrik think a lot of business-to-consumer form contracts are ?bullshit,? which is a technical philosophical term referring to illusory promises. I often begin my contracts course by walking my...

Love and Sex and Contracts [File this in: Stuff Even a Contracts Professor Couldn't Make Up]

Posted on April 06, 2010
I have to interrupt the high brow arbitration talk with this story from the Chicago Sun-Times: A north suburban attorney is suing his former son-in-law for more than $1 million, alleging the man -- who allegedly contracted sexually transmitted diseases...

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