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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

Protecting Your Passwords From Beyond the Grave

Posted on March 08, 2010
BYU's Cheryl Preston gave a very stimulating presentation at the UNLV Spring Contracts Conference called "Hosting Kids Online: Applying 'Terms of Use to Minors." At issue in the presentation are the rights of the parents of a deceased minor to...

The Ethicist and the Lawyer

Posted on March 08, 2010
As I have previously confessed, I read Randy Cohen's "The Ethicist" column in the New York Times Sunday Magazine. Mr. Cohen occasionally uses the law as a point of reference in explaining his grounds for thinking behavior is ethical or...

A Sign of Rational Acting?

Posted on March 04, 2010
This blog has suggested elsewhere that baseball contracting is irrational. Players are offered jaw-dropping contracts based on their past performance which incentivizes them to have performed well in the past. Sports contracts, we suggested, should have enough downside protection to...

Another UNLV Conference Paper Available on SSRN

Posted on March 03, 2010
Yair Listokin presented his paper, "Bayesian Contractual Interpretation" at the Spring Contracts Conference at UNLV last week. Yesterday, the written version showed up in my e-mail via a Social Science Research Network notice. The paper is downloadable from the site...

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Weekly Top Ten from the Social Science Research Network

Posted on March 03, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law RankDownloadsPaper Title1337Choice of Law in the American Courts in 2009: Twenty-Third Annual Survey Symeon C. Symeonides, Willamette University -...

Supreme Court Rejects Franchisees' Claims for Statutory Relief for Constructive Termination of Franchise Agreements

Posted on March 02, 2010
The U.S. Supreme Court today decided Mac's Shell Service, Inc. v. Shell Oil Products Co. The unanimous decision was authored by Justice Alito. The consolidated cases involved franchisees who claimed that their franchise relationship had been constructively terminated or that...

About Our Comments Feature

Posted on March 02, 2010
We welcome comments! Nothing pleases us more than when we get some response to our posts. Otherwise, we never know if our posts are reaching intelligent life. If you do comment, please be patient. One of us has to check...

District Court in West Virginia Enforces Class Action Waiver in Arbitration Clause

Posted on March 02, 2010
At the Contracts Conference at UNLV, there was an exceedingly impressive panel on arbitration. During the Q&A, Professor Victor Goldberg (Columbia) commented that he was surprised that none of the presenters mentioned the class action waiver. After all, aren?t many...

And on to the Next Conference . . .

Posted on March 01, 2010
CALL FOR PROPOSALS AMERICAN ASSOCIATION OF LAW SCHOOLS ? 2011 Conference, Jan 5-9th A Joint Program of the Sections on Balance in Legal Education and Academic Support Co-Sponsored by the Section on Student Services Theme: ?Beyond Humanizing: Can ? and...

Thank You to Keith and UNLV!

Posted on March 01, 2010
Day Two of the Spring Contracts Conference in Las Vegas was just as enriching and engaging as day two; if you are interested in the full program it is available here. This is thanks in no small part to Keith...

UNLV Conference Already Paying Off!

Posted on March 01, 2010
No sooner did I return from the Spring Contracts conference in Las Vegas when I received an e-mail from a former students seeking guidance on a research project. The student sought help on seeking a contractual solution to recent failures...

UCC Legislative Update

Posted on March 01, 2010
It has been a fairly quiet eight months on the UCC legislative front since my last update. Revised Article 1 As of March 1, 2010, Revised Article 1 was in effect in thirty-seven states: Alabama, Alaska, Arizona, Arkansas, California, Colorado,...

Spring Contracts Conference: Day One

Posted on February 26, 2010
The 2010 Spring Contracts Conference begins today at UNLV's William S. Boyd School of Law. Here's Friday's line-up: The Contract Law System and Power ? Past, Present, and Future Chair: Jay M. Feinman (Rutgers-Camden) Hila Keren (Hebrew U. of Jerusalem),...

Mutual Mistake in Vanity Fair?

Posted on February 25, 2010
In Chapter 32 of William Makepeace Thackeray's Vanity Fair, Jos Sedley, whom Thakeray describes as a "very stout, puffy man, in buckskins and Hessian boots," panics that the allied forces had been overrun in Belgium and that Napoleon's army will...

Weekly Top Ten from the Social Science Research Network

Posted on February 24, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law December 26, 2009 to February 24, 2010 RankDownloadsPaper Title1322Choice of Law in the American Courts in 2009: Twenty-Third Annual...

Spring Conference Program Available

Posted on February 22, 2010
As Keith is likely too busy gearing up for the conference he is hosting to post here, I am providing a link to the program for the Spring 2010 contracts conference to be held at the end of the week...

Now in Print

Posted on February 18, 2010
Having immersed myself for the last six weeks in planning next week's Spring Contracts Conference, I have neglected keeping you up to date on recently-published contracts scholarship. So, let's get current: Ryan Andrews, Note, Contracting Out of the Orphan Works...

Weekly Top Ten from the Social Science Research Network

Posted on February 17, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law December 19, 2009 to February 17, 2010 RankDownloadsPaper Title1312Choice of Law in the American Courts in 2009: Twenty-Third Annual...

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Posted on February 17, 2010

Follow-up on Pizza Hut, Inc. v. Papa John's International, Inc.

Posted on February 15, 2010
Last week, my video-savvy colleague posted a Domino's Pizza commercial in which Domino's crows about the results of a recent national taste test and slams Papa John's for engaging in puffery with its "Better Ingredients, Better Pizza" slogan. Domino's is...

The Race Goes to the Swift (Of to the Team with the Best Lawyers)

Posted on February 11, 2010
We reported over a year ago about the legal wrangling that has become a necessary prelude to a running of the world's most prestigious yacht race, the Americas Cup. Well, the race is finally underway, sort of. As reported here...

Weekly Top Ten from the Social Science Research Network

Posted on February 10, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law December 12, 2009 to February 10, 2010 Rank Downloads Paper Title 1 294 Choice of Law in the American...

Pizza Puffery? The best commercial ever.

Posted on February 09, 2010
What's puffery? The best commercial ever? Check it out: [Meredith R. Miller h/t Isaac Samuels, best Research Assistant ever, and that's not puffery]

Inability to Suspend Disbelief about "Julie and Julia"

Posted on February 08, 2010
At left, we have Amy Adams as she first entered my consciousness. It is an image that I will not willingly relinquish. But now, a new Amy Adams, the Amy Adams of the profoundly disappointing Julie and Julia endeavors to...

Weekly Top Ten from the Social Science Research Network

Posted on February 03, 2010
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law December 5, 2009 to February 3, 2010 RankDownloadsPaper Title1259Choice of Law in the American Courts in 2009: Twenty-Third Annual...

Massachusetts finally gets public law school

Posted on February 02, 2010
After more than 200 years, the Commonowealth of Massachusetts is finally getting what it's desperately needed for so long: a public law school. The Massachusetts Board of Higher Education voted today to acquire the Southern New England School of Law,...

Great English offer-and-acceptance decision

Posted on February 02, 2010
When two parties are negotiating a draft agreement by e-mail, it isn?t necessarily clear when they?ve reached the stage of an enforceable contract?even when the draft document they?re circulating is drafted by counsel and has provisions for joint signatures...

Conair to Plaintiff: "Dude, Get a Gmail Account"

Posted on February 02, 2010
Last week, the Times of Trenton reported on Canella v. Conair Corp., a decision handed down by the Superior Court of New Jersey, Appellate Division, last Christmas Eve. The Times of Trenton article focuses on the fact that Canella was...

Sly Stone sues manager; claims duress, undue influence

Posted on February 01, 2010
It's been a long, strange ride for funk pioneer Sly Stone (born "Sylvester Stewart") since the triumphal performance of Sly and the Family Stone at the Woodstock music festival in 1969. Massive international fame, critical success, cocaine, PCP, missed gigs,...

Artists' Rights 101

Posted on February 01, 2010
If you're interested in art law and are in the Dallas-Fort Worth area you may want to drop by a free seminar for artists, lawyers, and interested others put on by the Texas Wesleyan Center for Law and Intellectual Property...

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