December 28, 2005
AALS: What I Really Hate About Commercial Law
The AALS Contracts Section's program is, as we've mentioned before, scheduled for Saturday, January 7, 2006. But there's a great warm-up planned for Friday, when our sister Section on Commercial and Related Consumer Law presents Commercial Calamities. An A-list of commercial law scholars -- most of them also active Contracts Section members -- will present the Dark Side of Commercial Law.
Three papers are particularly interesting to Contracts folks. Victor Goldberg (Columbia) will tee off on Wood v. Lucy, Lady Duff Gordon. and its unfortunate effect on UCC 2-306. Bob Hillman (Cornell) will take a 9-iron and work over UCC 2-209 (the one on modification, rescission, and waiver), an "example of both substantive chaos and drafting disaster." Bob Scott (Virginia) will take on that casebook staple, Hoffman v. Red Owl. Also on tap are Amy Boss (Temple) and Jim White (Michigan). Larry Garvin (Ohio State) will moderate. Here's the official description.
Despite, or perhaps because of, the brilliance of its framers and the interests of its users, commercial law has at least its share of errors, omissions, archaisms, peculiarities, and downright stupidities. Our session is devoted to airing our favorite annoyances about commercial law, ranging from problems with specific provisions to problems with structure and form. Our aim here is not to be particularly constructive but rather to be interestingly critical, though in the course of criticism doubtless some hints toward improvement will emerge.
Today’s panelists are drawn from a larger group whose accumulated grievances will be collected in a symposium to be published in the Ohio State Law Journal. Each participant will present a pet peeve, with plenty of time for Section members to add their own (or, at whatever peril, to defend a cherished doctrine or structure against the attacks of others).
The session is scheduled for 1:30 to 3:15. The Section business meeting will take place at the conclusion.
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