ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, March 8, 2005

Today in history—March 8

1702: William of Orange, Stadholder of the Netherlands and the only the second foreign prince to conquer England and assume the throne (as William III), dies as a result of a fall from a horse.

1841: Oliver Wendell Holmes, Jr., the man who will go on to have the best moustaches of any American jurist, is born at Boston, Massachusetts.

1917: The U.S. Senate adopts a cloture rule to rein in filibuster abuse.

1930: The only man to serve as both President and Chief Justice of the United States, William Howard Taft (Cincinnati Law 1880), dies in Washington, D.C.

1936: The first stock-car race in U.S. history is held on the sand at Daytona Beach, Florida.

1972: Advertising goes to new heights, as the Goodyear blimp hits the skies for the first time.

1983: President Ronald Reagan calls the Soviet Union an "evil empire."  A good many of your students aren't really old enough to remember the Soviet Union.

March 8, 2005 in Today in History | Permalink | TrackBack (0)

Monday, March 7, 2005

Today in history--March 7

322 B.C.  Aristotle dies at Chalcis, on the Greek island of of Euboea.

1274:  The man who introduced Aristotle to Christian Europe, St. Thomas Aquinas, dies at the monastery of Fossanova, near Sonnino, Italy.

1799: Fifty-eight English gentlemen subscribe fifty guineas each to create the Royal Institution.

1850: Daniel Webster makes one of the greatest speeches of his life, the "Seventh of March" speech against secession and in favor of the Compromise of 1850.

1876: Alexander Graham Bell receives the patent for the telephone.

1897: The properietor of a mental health facility in Battle Creek, Michigan, serves a new breakfast food to his patients.  Dr. John Kellogg calls the stuff "corn flakes."

1933: Charles Darrow creates the board game known as "Monopoly."

1939: Guy Lombardo and his Royal Candians record one of the century's biggest sellers, Auld Lang Syne.

1942: Michael Dammann Eisner, the man who will turn The Walt Disney Co. into a global media giant, is born at Mt. Kisco, New York.

1994: In Campbell v. Acuff-Rose Music, the U.S. Supreme Court decides that commercial parody can be a "fair use" under copyright law.

March 7, 2005 in Today in History | Permalink | TrackBack (0)

News in brief

Boeing Corp. has ousted its CEO, Harry Stonecipher, because he had a "consensual" relationship with a female company employer that violated the company's code of conduct.

Officials in a Michigan county are considering a plan to give local businesses an edge by letting them match the price of the low out-of-county bidder and get the contract.

Washington Technology has its weekly wrap-up of major government contract awards.

Nevada legislators are mulling over the issues surrounding enforceability of adoption contracts.

Portable-DVD maker Designer Vision Group has landed a contract to sell its systems through the Virgin Megastore chain of DVD outlets.

A lawsuit against the investment advisors who put Florida state pension funds into stocks that went down instead of up is going to trial in the Sunshine State.

March 7, 2005 in In the News | Permalink | TrackBack (0)

No implied termination term long-term relationship

A party to a long-term commercial relationship need not give notice of termination to the other party before exiting, unless there is an on-going contract, according to the Irish Supreme Court.  In the case, Wyeth Pharmaceuticals had purchased packaging from the same supplier for ten years.  Each order, however, was placed orally.  There was no written supply contract between the parties.  When Wyeth stopped buying, with no advance notice, Dakota sued.

In such circumstances, said the Court, it could not imply an obligation to give notice that the parties themselves had not supplied.  A discussion of the case is here.

March 7, 2005 in Recent Cases | Permalink | TrackBack (0)

Weekly Top 10

Curtis_bridgeman This week's Top 10 Contracts-Related Downloads from the SSRN Database, for the 60 days ending March 6.  Last week's rank is in parentheses.

1 (1) Emerging Policy and Practice Issues, Steven L. Schooner & Christopher R. Yukins

2 (2) Rawls and Contract Law, Kevin A. Kordana & David H. Tabachnick

3 (3) Unity and Pluralism in Contract Law, Nathan Oman

4 (4) Private Motive and Perpetual Conditions in Charitable Naming Gifts: When Good Names Go Bad, John K. Eason

5 (5) The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessell?, Emily Houh

6 (6) Allegheny College Revisited: Cardozo, Consideration, and Formalism in Context, Curtis Bridgeman (pictured at topt)

7 (7) Law and the Emotions: The Problems of Affective Forecasting, Jeremy A. Blumenthal

8 (8) The Limits of Lawyering: Legal Opinions in Structured Finance, Steven L. Schwarcz

9 (9) Towards a New Model of Consumer Protection: The Problem of Inflated Transaction Costs, Jeff Sovern

10 (--) Strict Liability and the Fault Standard in Corrective Justice Accounts of Contract, Curtis Bridgeman

March 7, 2005 in Miscellaneous | Permalink | TrackBack (0)

SLSA deadline nears

If you're planning on attending the Socio-Legal Studies Association 2005 Annual Meeting in Liverpool, March 30-April 1, you'd better get moving.  Deadline for early registration is this Wednesday, March 9.  Details are at the SLSA web site.

March 7, 2005 in Conferences | Permalink | TrackBack (0)

Sunday, March 6, 2005

2003 Article 2 Amendments

A bill proposing the adoption of the 2003 amendments to UCC Articles 2 (HB 2454) was introduced in the Kansas House on February 11th, the bill has since been referred to the Judiciary Committee.  Kansas's legislature thus becomes the first to consider the 2003 amendments to Article 2. Without having parsed every line, HB 2454 appears to track the language of the uniform amendments very closely.

March 6, 2005 in Legislation | Permalink | TrackBack (0)

News in brief

A dispute between rival sponsors of West Indian Cricket (Digicel) and its players (Cable & Wireless) may keep seven senior players out of a series with South Africa and Pakistan.

Burlington Northern Santa Fe has moved to dismiss a contract claim by the city of Burlington, under which the city is apparently claiming 146 years of back rent for the breach of an 1858 contract.

A dispute over the rights to provide bottled water at London Fashion Week has escalated to legal action, with the British Fashion Council seeking £240,000 from the Hildon mineral water folks.

The state of Massachusetts seems to be losing the battle to recover payments for contractors on its beleaguered Big Dig projects: so far it has spent $7 million to get back $4 million in damages.

March 6, 2005 in In the News | Permalink | TrackBack (0)

Today in history--March 6

1460: The Treaty of Alcaçovas, under which Portugal trades the Canary Islands to Castile in exchange for West Africa and a player to be named later, goes into effect.

1820: President James Monroe signs the Missouri Compromise, which will stave off secession for another forty years, at which point the Supreme Court will intervene.

1834: The town of York, Upper Canada, is incorporated under the new name, "Toronto."

1836: Government troops capture the Alamo, where rebels have been holding out for 13 days.

1857: The U.S. Supreme Court holds the Missouri Compromise unconstitutional in Dred Scott v. Sandford.

1899: Bayer AG registers its trademark for acetylsalicylic acid, an old folk remedy derived from willow bark, which it calls "Aspirin."

1905: James Robert Wills, who will give up a barber shop in Turkey, Texas, to invent "Western Swing," is born near Kosse, Texas.  "It don't matter who's in Austin, Bob Wills is still the king."

1926: The most powerful man in American who does not sit on the Supreme Court, Alan Greenspan, is born in New York City.

March 6, 2005 in Today in History | Permalink | TrackBack (0)