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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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How To eBay Your Children's Offending Toys (Moms: Do Not Try This At Home).

Posted on February 22, 2011
As the mother of two preteen children this story hit a little too close to home. In short, kids insist on playing with Beyblades in the bathtub, said tub is chipped and soap holder is broken by the rough play,...


Miami Herald on Strategic Default in South Florida

Posted on February 22, 2011
Fortuitously, while I was in St. Petersburg blabbing about presenting on strategic default and the tension between morality and efficiency, the Miami Herald ran a long article "The Curse of Negative Home Equity." The article focuses on South Florida's housing...


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Posted on February 22, 2011
How To eBay Your Children's Offending Toys (Moms: Do Not Try This At Home). via www.typepad.com


Pujols Future in Doubt: It Is the Duty of Every Citizen to Remain Calm

Posted on February 22, 2011
The deadline set by Albert Pujols to negotiate a contract extension with the St. Louis Cardinals passed at noon et on Wednesday February 16, and his future with the team remains uncertain. According to mlbtraderumors.com, Pujols declined multiple offers from...


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Teaching Contracts via Seinfeld...Again

Posted on February 21, 2011
I find that some students tend to struggle with the concept of implied terms, especially when it comes to the non-occurrence of an implied condition serving as an excuse for non-performance. When that happens, I offer some additional explanation and....


Forty-Five Left on a Boat, But Only Thirty-Six Came Back?

Posted on February 19, 2011
It?s been an eventful twenty-four hours at the Sixth International Contracts Conference at Stetson University Law School filled with contracts theory, insightful presentations, and a triumph of the human will. The Professors embarked on a one hour boat tour, but...


Members of Congress Advocate Avoidance of Indemnification Clauses for Fannie Mae Executives

Posted on February 18, 2011
Behind the placid exterior, shown at left, not all is well at Fannie Mae Headquarters. Legal fees have mounted for the mortgage giant's former executives. The executives have been defending themselves against accusations of accounting improprieties alleged in a shareholder...


Greetings from Stetson!

Posted on February 18, 2011
The first panel of the 6th International Conference on Contracts is off and running with Jean Braucher (Arizona), Carol Chomsky (Minnesota), Victor Goldberg (Columbia), and Bill Woodward (Temple) discussing some of conference honoree Stewart Macaulay's contracts and pedagogical scholarship, the...


Arianna Huffington: New Media Diva or Feudal Pirate Plantation-Owner?

Posted on February 17, 2011
The blogosphere has erupted with chatter regarding the recent acquisition of the Huffington Post by America Online (Sidebar: was anyone else surprised to learn that AOL still exists?) for a reported $315 million. While estimates of how much Arianna Huffington...


6th Annual Contracts Conference Program

Posted on February 17, 2011
This year's annual contract law fiesta begins tomorrow at Steston in Gulfport, Florida. You can download the fun-filled 2-day program here. I'm hoping there's time between sessions for a dip in the law school swimming pool. [Meredith R. Miller]


The Huffington Post/AOL Merger: Choice and Value in Contracts

Posted on February 17, 2011
The Huffington Post/AOL Merger that is rousing indignation in certain quarters got me thinking about value and choice in contractual bargains. What is ?a good bargain?? Is it all in the price? The price may or may not reflect the...


New in Print

Posted on February 16, 2011
Oren Bar-Gill and Kevin Davis, Empty Promises, 84 S. Cal. L. Rev. 1 (2010) Sébastien Grammond, The Interpretation of Contracts in Civil Law, 52 Supreme Ct. L. Rev. (Canada) 411 (2010). Kathryn A. Lohmeyer Pounders, Of Cabbages and King: The...


What's the Harm in a Missed Super Bowl?

Posted on February 16, 2011
As reported here earlier, there was "a bit of a kerfuffle" at the Super Bowl this year. Now, the National Football League is trying to figure out what it can do to address the harm to the fans who were...


Michael Moore Sues for Profits of ?Fahrenheit 9/11?

Posted on February 15, 2011
Film Director Michael Moore filed suit last week against brothers Bob and Harvey Weinstein for the 2004 documentary ?Fahrenheit 9/11? alleging breach of contract, constructive fraud, and breach of fiduciary duty. According to the Los Angeles Times, Moore is now...


Weekly Top Tens from the Social Science Research Network

Posted on February 15, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal December 16, 2010 to February 14, 2011 RankDownloadsPaper Title 1 832 Mortgage Servicing Adam J. Levitin, Tara Twomey,...


AT&T, ?Phantom Data?, and Office Space: A Legal Brouhaha

Posted on February 15, 2011
As reported by CNET News here, consumers have recently filed a class-action lawsuit in the Northern District of California against AT&T for breach of contract, unjust enrichment, and unfair business practices stemming from the ?systemically overbilling? of its iPhone and...


Charlie Sheen Has No Morals...Clause (allegedly)

Posted on February 15, 2011
After we discuss ambiguity, contractual interpretation, interpretive maxims and other related topics, I have my first-year Contracts students draft a morals clause for a faux contract between a television network and a performer. The exercise is an attempt to put...


Conference Announcement: Contract as Promise at 30

Posted on February 14, 2011
In honor of the 30th anniversary of the publication of Charles Fried's Contract as Promise, the Suffolk University Law School will be hosting a conference on March 25, 2011. Conference details, including a full agenda/schedule, are available here, From their...


Restitution Rollout and Washington & Lee

Posted on February 14, 2011
Washington and Lee University School of Law and the American Law Institute are pleased to sponsor a conference, Restitution Rollout: Restatement (Third) of Restitution and Unjust Enrichment, on February 25, 2011 in Lexington, Virginia. The American Law Institute (ALI), the...


Introducing the ContractsProf Blog Interns!

Posted on February 14, 2011
We are pleased to announce that, through the good offices of the Valparaiso University School of Law, the blog now has three student research assistants who will toil mightily to bring the world the latest in contracts law developments. They...


Wisconsin Contracts Group Conference in October

Posted on February 10, 2011
The Wisconsin Contracts Group and the Wisconsin Law School announce a contracts conference to be held at Wisconsin Law School on October 21-22, 2011. The title of the conference is: Empirical and Lyrical: Revisiting the Contracts Scholarship of Stewart Macaulay...


Ambassador Seeks New Posting

Posted on February 09, 2011
Yesterday's New York Times reported that Beverly Hills, California has let go its ambassador, Gregg Donovan, who for the past decade has greeted tourists in a top hat and red tailcoat with polyglot shouts of "Welcome to Beverly Hills!" According...


New in Print

Posted on February 09, 2011
Michael J. Borden, The Promissory Character of Adequate Assurances of Performance, 76 Brooklyn L. Rev. 167 (2010) Anthony, G. Eonas & Erin M. Secord, Exploring the Creditor's Duty of Reasonable Care Under UCC Article 9 Amidst Recession and Revision, 89...


Is Miss San Antonio in Breach of Contract because She Gained Weight?

Posted on February 09, 2011
Domonique Ramirez, a teenage ?beauty queen,? has sued the Miss Bexar County Organization, claiming that she has been unfairly stripped of her title as ?Miss San Antonio.? The peagant organizers sent Ramirez? parents an email revoking her crown. They then...


TIME OUT in the Fifth Circuit

Posted on February 08, 2011
On January 12, 2011, the Fifth Circuit issued its opinion in a contracts case, Cole v. Sandel Medical Industries. Sandel makes medical supplies that are supposed to improve hospital safety. In order to encourage innovation, Sandel offers small payments --...


Weekly Top Tens from the Social Science Research Network

Posted on February 08, 2011
RECENT HITS (for all papers announced in the last 60 days) TOP 10 Papers for Journal of Contracts & Commercial Law eJournal December 9, 2010 to February 7, 2011 Rank DownloadsPaper Title 1 793 Mortgage Servicing Adam J. Levitin, Tara...


TSA and Unions

Posted on February 07, 2011
Last week, we brought you news of a stand-off between the Transportation Security Administration and Congress over whether or not airports should have complete freedom to choose to hire private screeners. Over the weekend, courtesy of The New York Times,...


Bumped at the Superbowl

Posted on February 06, 2011
Looks like there was a bit of a kerfuffle over seating at the Superbowl (the game is on as I blog). According to YahooNews: Approximately 850 fans with tickets in temporary seating sections were relocated to similar or better seats....


TSA and Private Screeners: The Difference?

Posted on February 04, 2011
As NPR reports here, the Transportation Security Administration does not want to hire private screeners to work at any more airports, although the private contractors will continue their work at the 16 airports at which they currently operate. Florida Republican...


Are Baseball Players Suckers for Oddball Incentive Clauses?

Posted on February 04, 2011
With the Superbowl coming up this Sunday, many sports fans currently are focused on football (or at least on the commercials to air during the football telecast). However, a recent story collecting oddball terms in professional baseball players' contracts recently...


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