ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, June 15, 2005

Contracts in Montreal: Day 1

Here's today's schedule for the AALS Conference going on in Montreal.

8:45 - 9:00 a.m.

Welcome: N. William Hines, University of Iowa and AALS President

Robert A. Hillman, Cornell Law School, Chair, Planning Committee for 2005 AALS Conference on Exploring the Boundaries of Contract Law

Daniel Louis Keating, Washington University, Chair, Planning Committee for 2005 AALS Conference on Commercial Law at the Crossroads

9:00 - 10:30 a.m.
Joint Plenary of Conferences on Commercial Law and Contract Law Modern Adhesion Contracts: Clickwrap, Browsewrap and Shrinkwrap
Clayton P. Gillette, New York University
Juliet M. Moringiello, Widener University
William C. Whitford, University of Wisconsin
Moderator: Daniel Louis Keating, Washington University

Standard form contracting in the electronic age has created new issues for contract law. This panel explores such issues as the validity of terms supplied after payment, the meaning of assent to standard terms presented in shrinkwrap, clickwrap, or browsewrap form, and the problems created by new e-commerce marketing tools. The panel also considers whether traditional contract policing tools are adequate in the new electronic world.

10:30 - 10:45 a.m.
Refreshment Break

10:45 a.m. - 12:00 p.m.
Intellectual Property Law Meets Contract Law
Mark A. Lemley, Stanford Law School
Maureen Anne O’Rourke, Boston University
Margaret Jane Radin, Stanford Law School
Moderator: Jean Braucher, The University of Arizona

This panel will discuss the intellectual property and information policy implications of using contract to change the allocation of substantive property rights provided by federal and state intellectual property law. It will illuminate the substantive stakes often underlying the formation issues discussed in the previous panel on modern contracts of adhesion. Some types of businesses—software and digital content publishing are two prime examples—routinely attempt to limit by contract, often using delayed standard forms terms, fair uses and transfers of copies that otherwise might be permitted by federal law. The case law on the enforceability of such terms is thin. Preemption doctrine is complex. The panel will explore to what extent contractual redefinition of intellectual property rights is efficient and to what extent it threatens competition and innovation.

12:00 - 1:45 p.m.
Joint AALS Sponsored Luncheon for Conferences on Commercial Law and Contract Law
Role of Contract Enforcement in Developing Economies
Michael Trebilcock, University of Toronto

2:00 - 3:30 p.m.
Contracts and Arbitration
Richard M. Alderman, University of Houston
Jean R. Sternlight, University of Nevada, Las Vegas
Stephen J. Ware, University of Kansas
Moderator: Jean Braucher, The University of Arizona

As it becomes increasingly common for one or both parties to a contract to prefer arbitration to a judicial forum for dispute resolution, we have seen an increasing privatization of contract law. This panel will discuss the many legal and policy issues raised by this development, such as the following: What are the tradeoffs involved in using arbitration? How do these tradeoffs differ when the parties are both legally sophisticated, as opposed to when one is sophisticated and the other is not? What developments are there in the techniques of arbitration? Do courts remain fully supportive of arbitration? Is it time for changes in the state or federal statutory law of arbitration?

3:30 - 3:45 p.m.
Refreshment Break

3:45 - 5:15 p.m.
Small Groups Meet with Panelists

5:15 - 7:00 p.m.
AALS Reception

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