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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

SSRN Weekly Top Ten

Posted on December 30, 2009
Some new titles hit the big time this week. Columbia's Robert Scott must be delighted to have two top-ten hits in the same week. RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal...

Farewell Post from Alan White

Posted on December 29, 2009
Despite all my best intentions, I was not able to post weekly or on any other regular basis about what is still one of my favorite aspects of this job--teaching contracts. My hat is off to colleague Jeremy Telman, who...

Salahis: Famous for Breach of Contract

Posted on December 28, 2009
Tareq and Michaele Salahi have become famous for making a surprise appearance at a White House dinner, known as the "gatecrashing incident," but a recent Washington Post report suggests that they really should be famous for breach of contract. According...

Madoff Mutual Mistake Case Decided in Favor of Ex-Wife

Posted on December 24, 2009
We had previously mentioned (here and here) a lawsuit (by a Paul Weiss partner) to unravel a divorce settlement that included a payout to his wife for the right to keep the $5.4 million (or so they thought) Madoff account....

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Now in Print

Posted on December 23, 2009
R. Bruce Allensworth et al., That's Unconscionable: An Update Regarding the Enforceability of Arbitration Provisions in Form Contracts, 42 UCC L.J. 73 (2009). Hilary Delany, Is There a Future for Proprietary Estoppel as we Know It?, 31 Dublin U. L.J....

Always Depend on the Kindness of Colleagues

Posted on December 21, 2009
When I first started teaching contracts, I relied heavily on the advice of my more-experience colleague, who is now our Associate Dean, Mark Adams. I adopted the same casebook as Mark was using, adapted his syllabus to suit my purposes,...

Strategery or Immorality? Underwater Home Borrower?s Quandry: Should I Stay or Should I Go?

Posted on December 18, 2009
Over 5 million U.S. homes are under deep water ? that is, the borrowers have outstanding mortgage debt that exceeds the home?s current value by more than 20%. A homeowner in this situation that can afford to make mortgage payments...

What Happens When the Buyer of an Apartment Dies Between the Contract of Sale and Closing?

Posted on December 17, 2009
Here?s a worst-case-scenario story to take into account when contracting to purchase real estate. Buyer of a $2,300,000 Manhattan co-op apartment dies after contract of sale and approval by the co-op?s board of directors, but before closing. The buyer's estate...

Weekly Top Ten

Posted on December 16, 2009
Lots of movement this week as last weeks top three fall from the list! Eric Posner is enjoying another #1 smash hit, Adam Levitin leapfrogs from fifth to second, and James Ely debuts at #6, but the others are hot...

The New Nexus of Contracts: Assisted Reproduction

Posted on December 15, 2009
In light of the Baby M case, we have posted before on the subject of advanced assisted reproduction. Sunday?s New York Times had a lengthy report on page A1 about the tragically confused state of the law in this area....

Can Tiger Renegotiate His Pre-Nup?!?

Posted on December 14, 2009
I would have thought that the answer would be clearly no, but I admit that I am not sufficiently on top of developments in family law and marital agreements to feel at all confident of my gut instinct. In any...

Now in Print (Low-Calorie Alternatives to Grading Exams)

Posted on December 14, 2009
Benjamin Alarie, Mutual Misunderstanding in Contract, 46 Am. Bus. L.J. 531 (2009). Justin L. Browder, Note, The 2007 Private Equity Bust: Re-contextualizing Material Adverse Change Clauses in a Credit-Stricken Market, 63 U. Miami L. Rev. 1151 (2009). J...

Going First

Posted on December 10, 2009
Whew! My contracts students are taking their exam right now. This year, our registrar scheduled the contracts exam first, which meant that my students' first-year angst was concentrated on my course. The result was probably better exam preparation overall but...

Recording Review Sessions

Posted on December 10, 2009
As I've mentioned before, I hold review sessions at the end of the semester for my contracts courses. I take about four hours (two, two-hour review sessions) to orally outline the course. I also record the sessions so that students...

Social Science Research Network's Weekly Top Ten

Posted on December 09, 2009
TOP 10 Papers for Journal of Contracts & Commercial Law October 10, 2009 to December 9, 2009 RankDownloadsPaper Title1211The Effect of the Consumer Financial Protection Agency Act of 2009 on Consumer Credit David S. Evans, David S. Evans, Joshua D....

Jennifer Lopez Suing Ex-Husband for Breach of Confidentiality

Posted on December 09, 2009
According to Wikipedia's entry on Jennifer Lopez, she had a brief marriage with the Cuban-born Ojani Noa, whom she met when he was a waiter in a Miami restaurant. They divorced in 1998, and Lopez filed her first lawsuit against...

Jury Finds Sempra Energy Not in Breach of Contract

Posted on December 08, 2009
Bloomberg.com reports on what appears to have been a very interesting contracts dispute between Sempra Energy, owner largest U.S. natural gas distributor and the the California Department of Water Resources, which alleged that Sempra had breached an $6...

Hurley v. Eddingfield: It's the Law and It's Ethical

Posted on December 07, 2009
I always start my contracts course with Hurley v. Eddingfield, in which the court held that a doctor has no contractual obligation to treat his own patient and need give no reason or excuse for his refusal to do so....

George Eliot on "Going to Law"

Posted on December 07, 2009
The notion of the honest lawyer seems to have been a stranger to the 19th-century English novel. Here is how George Eliot describes the prospects of a law suit in The Mill on the Floss: Mr. Tulliver was a strictly...

Weekly Top Ten

Posted on December 02, 2009
TOP 10 Papers for Journal of Contracts & Commercial Law October 3, 2009 to December 2, 2009 Rank Downloads Paper Title 1 193 The Effect of the Consumer Financial Protection Agency Act of 2009 on Consumer Credit David S. Evans,...

February in Las Vegas ...

Posted on December 01, 2009
Call for Participation and Proposals Spring Contracts Conference William S. Boyd School of Law, UNLV Las Vegas, Nevada February 26 & 27, 2010 In the spirit of the fine International Conferences on Contracts that Frank Snyder launched and helped organize...

Now in Print: Catching Up (Round 2)

Posted on December 01, 2009
Kristen David Adams, Promise Enforcement in Mortgage Lending: How U.S. Borrowers and Lenders Can See Themselves as Part of a Shared Goal, 28 Rev. Banking & Fin. L. 507 (2008-09). Richard Austen-Baker, Comprehensive Contract Theory: A Four-Norm Model of Contract...

Weekly Top Ten

Posted on November 25, 2009
TOP 10 Papers for Journal of Contracts & Commercial Law September 25, 2009 to November 24, 2009 RankDownloadsPaper Title1188The Effect of the Consumer Financial Protection Agency Act of 2009 on Consumer Credit David S. Evans, David S. Evans, Joshua D...

Sale of Silverdome Enjoined

Posted on November 23, 2009
In 1975, for a mere $55.7 million, the National Football League?s Detroit Lions got a new home, the Silverdome, in Pontiac, Michigan (pictured). In 2002, the team moved back to Detroit, and according to Time.com?s Detroit Blog, it now costs...

NY Court Dismisses Law Student?s Attempt to Challenge Legal Writing Grade, Finding No Implied Contract

Posted on November 20, 2009
Over at Adjunct Prof Blog, Mitchell H. Rubinstein reports on Keefe v. New York Law School, ___Misc. 3d___(N.Y. Co. Nov. 17, 2009), which dismissed a student?s claim that New York Law School breached an implied contract by giving him a...

Jon & Kate -- But Wait!! It's a Different Kate!

Posted on November 20, 2009
It is very hard to keep up with all the law suits swirling around the celebrated parents, Jon, at left, & Kate. And it's probably not worth trying to do so, but an image of a handwritten contract is simply...

Weekly Top Ten

Posted on November 18, 2009
TOP 10 Papers for Journal of Contracts & Commercial Law September 19, 2009 to November 18, 2009 Rank Downloads Paper Title 1 485 Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System Christopher Lewis Peterson, University of Utah -...

A Dickensian Contract

Posted on November 17, 2009
I was amused to come across this 19th-century account of how "refined" people concluded contracts in the 19th century. It comes from Little Dorrit, by Charles Dickens (left). The exchange is between William Dorrit, recently released from the debtors prison...

Contract or Extortion?

Posted on November 16, 2009
Last month, we speculated a bit on the relationship between blackmail and contract. Last week, Am Law Litigation Daily reported on a case in point. Plaintiff Robert Eringer is suing Prince Albert II of Monaco (pictured) for $60,000 that plaintiff...

AALS Program and Print Symposium on Teaching Contracts

Posted on November 14, 2009
The AALS Section on Contracts invites you to attend our Annual Meeting program on New Approaches to Teaching Contracts: A Teach-In and solicits additional proposals for a companion symposium issue to appear in the Washington Law Review. The Topic: Responding...

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