ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Saturday, June 18, 2005

Film clips: Steptoe & Son

     [Harold and his father Albert are arguing over who has the right to pick the channel on the TV set they share]
    Harold: We had an agreement, we shook hands.  I have got the law of contract on my side.
    Albert: I have the knobs on my side.

                From: Steptoe & Son (1962)

June 18, 2005 in Film Clips | Permalink | TrackBack (0)

Cases: Policy excludes intentional joke

Washington_flag A dentist whose nasty practical joke on a patient misfired had no right to be defended or covered by his insurance carrier, according to a recent decision by the Washington Court of Appeals.

Dental assistant Tina Edwards was fond of pigs and had a pet pig named Walter.  Her boss, dental surgeon Dr. Robert Woo, liked to hunt boars and also liked to harass Edwards about her fondness for the porcine class.  When she needed to have a tooth removed, he agreed to do it.  He put her under anaesthesia.  While she was out he had large boar tusks made up which he inserted in her mouth.  He and an assistant propped her eyes open and took pictures of her with the tusks in her mouth.  When she learned what happened, she left in outrage and sued for, among other things, assault, battery, invasion of privacy, and infliction of emotional distress.  The insurer refused to defend him, and he settled.  He then sued the insurer.

It's true that when there's any doubt whether the damages sought will be covered, the insurer has a duty to defend, said the court in an opinion by Judge Faye Kennedy.  Here, though, all of Edwards's claims arise out of her claim that he deliberately engaged in a plan to humiliate her.  Woo argued that the policy was ambiguous, but the court didn't agree:

[T]he actions at issue could not conceivably be considered a means or method 'to diagnose, treat, remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition{.}' . . . No reasonable person could believe that a dentist would diagnose or treat a dental problem by placing boar tusks in the mouth while the patient was under anesthesia in order to take pictures with which to ridicule the patient.   While Dr. Woo was clearly rendering dental services when he administered anesthesia, removed Alberts' teeth and put in the proper [teeth], we conclude as a matter of law that when he placed the boar tusks in her mouth and took pictures, he was not rendering professional services.

Woo v. Firemans Fund Insurance (Wash. Ct. App. June 13, 2005).  [Thanks to Andrew Oh-Willeke of the College for Financial Planning for the tip.]

June 18, 2005 in Recent Cases | Permalink | TrackBack (0)

Today in history -- June 18

1264: The first Irish parliament meets at Castledermot in County Kildare.  It's made up of the new Anglo/Norman overlords, though, since the Irish are ineligible to participate.

1629: Piet Pieterszoon Hein, the Dutch West India Co. naval commander who led the private war against Spain and Portugal, capturing vast amounts of treasure in the process, dies in action at Dunkirk.

1685: James Scott, illegitimate son of Charles II, declares himself king of England at Taunton in Somerset.  This turns out to be a bad idea when, less than a month later, he's beheaded on Tower Hill.

1854: Publishing titan Edward W. Scripps, who will found not only the Scripps media empire but United Press International, is born at Rushville, Illinois.

1873: Susan B. Anthony is fined $100 (about $1,500 today) for casting a vote in a U.S. presidential election without being registered.

1918: Franco Modigliani is born at Rome, Italy.  While in his second year of law school he'll discover an interest in economics, and will go on to win the Nobel Prize.

1923: The Checker Cab Manufacturing Co. of Kalamazoo, Michigan, unveils its first taxi cab.

1924: Philosopher and sociologist Jürgen Habermas is born at  Düsseldorf, Germany.

1959: After being involuntarily committed to the state mental institution, Louisiana Governor Earl Long simply fires the institution's director and appoints a crony who pronounces him quite sane and releases him.  He'll be elected to Congress the next year.

1967: The first major rock festival in planetary history ends and the Summer of Love begins, as Jimi Hendrix sets his guitar on fire at the Monterey Pop Festival.

June 18, 2005 in Today in History | Permalink | TrackBack (0)

Friday, June 17, 2005

South Texas honors Ricks

Val_ricks South Texas College of Law has tapped Professor Val Ricks as Vinson & Elkins Research Professor at the Houston school:

The professorship is one of four research professor designations at South Texas that recognizes outstanding legal scholarship by a faculty member and is designed to encourage additional writing and research on vital legal topics.  Ricks joined the college in 1996 and teaches contracts, corporations, agency and partnership, and jurisprudence.  His is a graduate of Brigham Young University and the J. Reuben Clark Law School at BYU. The Vinson & Elkins Research Professorship is for a four-year term.

June 17, 2005 in Contract Profs | Permalink | TrackBack (0)

More Barnett blogging

Randy_barnett If you're not in Montreal, you can follow along with the proceedings, thanks to Randy Barnett (left) who's doing a great job of bringing much of the discussion to the public with his summaries and comments over at the Volokh Conspiracy blog.  Here are his most recent posts:

Cognititive Psychology and Contracts
Critiquing Contract Law
Contract Across the Curriculum
The Richness of Contract Theory

June 17, 2005 in Commentary | Permalink | TrackBack (0)

AALS Contracts, Day 3

Aals_logo_3 Here's today's schedule for the AALS's Exploring the Boundaries of Contract Law at the Le Centre Sheraton in Montreal.

9:00 - 10:30 a.m.
Contract Enforcement in Emerging Economies
Robert Babak Ahdieh, Emory University
Kevin E. Davis, New York University
Tom Ginsburg, University of Illinois
Moderator: Gillian K. Hadfield, University of Southern California

As the former Soviet Union and other countries continue the effort to transition from socialist economies to market economies, the importance of contract law and institutions has come to fore. In this session the panelists will explore some of the challenges and lessons of contracting in these environments.

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

10:45 a.m. - 12:00 p.m.
Teaching the Art of the Deal
Moderator and Speaker: Gillian K. Hadfield, University of Southern California
Ronald J. Gilson, Stanford Law School
Douglas L. Leslie, University of Virginia

In this session we will hear from contracts professors who have designed and taught contracts courses, both in first year and in upper years, that focus on teaching not (just) contract doctrine, but also developing students’ ability to analyze contracts problems, think strategically about contracting and exercise judgment in advising clients on how to respond to contracting events. These are courses taught using case studies, based on real-life cases and documents, in a business-school style, and courses taught using problem-solving methods.

12:15 - 1:45 p.m.
AALS Sponsored Luncheon

2:00 - 4:00 p.m.
Revisiting A Classic: Charles Knapp’s “Enforcing the Contract to Bargain”
Charles Lincoln Knapp, University of California, Hastings
Kristin M. Madison, University of Pennsylvania
Alan Schwartz, Yale Law School
Amy Jean Schmitz, University of Colorado
Moderator: Omri Ben-Shahar, The University of Michigan

In his classic article, Professor Knapp challenged the traditional contract/no-contract boundary. Under this all-or-nothing structure of contractual liability, either there is mutual assent and full liability, or no assent and zero liability. Knapp pointed out that this structure increasingly has been replaced by a regime in which some liability emerges during precontractual negotiations. This form of liability, which he labeled the contract to bargain, is the focus of the panel.

Since the publication of Knapp’s paper, it has become even more clear that systematic patterns underlie precontractual liability. The panel will explore the directions in which this area of the law develops, and the arguments in favor or against these developments. Among others, the topics that will be explored are agreements-in-principle and agreements-to-agree, the obligation to negotiate in good faith, revocation of offers, and gap filling in precontractual agreements.

June 17, 2005 in Conferences | Permalink | TrackBack (0)

Today in history -- June 17

1579: Sir Francis Drake claims California, which he calls Nova Albion, for England.  Nobody recognizes the claim.

1696: King John III Sobieski of Poland, the man who drove back the last major Islamic invasion of Europe at the Battle of Vienna, dies at Blois in France.

1789: The bourgeoisie who control the Third Estate declare that they are now the sole national assembly, ending particpation from the First and Second Estates (the clergy and nobility, respectively).

1856: The new Republican Party, made up of former Whigs and antislavery Democrats, meets for its first convention In Philadelphia, Pennsylvania.

1867: In Glasgow, Scotland, Joseph Lister becomes the first suregon to operate under antiseptic conditions.

1870: George Cormack is born.  As chief miller of the Washburn Crosby Co., he will in 1924 develop a crispy wheat cereal sturdy enough to survive in a cardboard box.  The new stuff will be called "Wheaties."

1885: The disassembled Statuw of Liberty arrives in New York City.  The model is said to be the widow of American sewing machine tycoon Isaac Merritt Singer, himself the son of a German immigrant.

1930: President Hoover signs the Smoot-Hawley Tariff Act into law.  It's credited by many with launching a trade-protectionist battle that worsened and lengthened the Great Depression.

1941: WNBT, channel 4 in New York City, becomes the first commercial television station to be awarded an operating permit.  Owned by RCA, it will later change its call letters to WRCA and then WNBC.

1943: Newton Leroy Gingrich, one of the few college professors to become major political figures, is born at Harrisburg, Pennsylvania.

1947: Pan American Airlines rolls out its first around-the-world service.  The fare is $1,700.

1963: The Supreme Court knocks out prayer in public schools with Abington Township School District v. Schempp.

June 17, 2005 in Today in History | Permalink | TrackBack (0)

Thursday, June 16, 2005

AALS Contracts: Day 2

Aals_logo_2 Today's schedule at the AALS Conference on The Boundaries of Contract Law in Montreal:

9:00 - 10:30 a.m.
Joint Plenary of Conferences on Commercial Law and Contract Law
Implications of Limited Rationality for Contract and Commercial Law
G. Marcus Cole, Stanford Law School
Manuel A. Utset, University of Utah
Danielle Kie Hart, Southwestern University
Moderator: Robert A. Hillman, Cornell Law School

Legal scholarship has increasingly turned to the learning of cognitive psychology to understand how people make decisions and to explain why decisions often depart from economic rationality. Such insights enrich both descriptive and normative accounts of contract and commercial law.

This panel will explore various implications of insights concerning people’s limited ability to collect and process information, their tendency to utilize “mental shortcuts” in making decisions, and the biases they bring to decision-making. The panel will also consider the limitations of cognitive psychology as it is applied to the analysis of contract and commercial law.

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

10:45 a.m. - 12:15 p.m.
Critiquing Contract Law
Jay M. Feinman, Rutgers University, Camden
Deborah Waire Post, Touro College
Neil Gregory Williams, Loyola University, Chicago
Moderator: Blake D. Morant, Washington and Lee University

On its face, the law of contract is objective, eschewing any notion of societal inequities. The objectivity and abstraction fostered by the principles of contract law have an illusory quality when viewed in terms of actual human contexts. Societal stimuli related to bias, opportunism, and discretion can skew the effectiveness of contractual rules. This panel will challenge the seeming objectivity of contract law and critique its theories and rules as they intersect with bargaining relationships that implicate race, ethnicity, gender, or other attributes of difference.

12:15 - 1:45 p.m.
Joint AALS Sponsored Luncheon for Conferences on Commercial Law and Contract Law
Richard E. Speidel, Northwestern University

2:00 - 3:30 p.m.
Contract Across the Curriculum
Margaret Friedlander Brinig, University of Iowa
Einer R. Elhauge, Harvard Law School
Jody Freeman, University of California at Los Angeles
Moderator: Blake D. Morant, Washington and Lee University

The utility of contract law extends beyond the bounds of traditional commercial relationships. In fact, principles of contract law provide probative insight and analysis into a variety of legal disciplines. This panel will demonstrate the broad applicability of contract theory to such diverse disciplines as family law, administrative and regulatory law, and public choice theory.

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

3:45 - 5:15 p.m.
Small Groups with a Panel

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

June 16, 2005 in Conferences | Permalink | TrackBack (0)

Stetson honors Fox

Jamie_fox_1 Stetson University has honored Professor Jamie Fox with a 2005 Homer and Dolly Hand Award.  The university-level award "recognizes excellence in faculty scholarship."  The university announcement says:

Fox teaches contracts, poverty and public benefits law, and American legal history.  He has done extensive research on the 14th Amendment, currently focusing on the experience of Jim Crow by southern blacks and whites. He also has written about democratic citizenship, poverty and contract theory.

June 16, 2005 in Contract Profs | Permalink | TrackBack (0)

Today in history -- Junw 16

1750 B.C.: King Hammurabi, creator of the famous Code, dies after 42 years of rule.

1836: The Chartist Movement begins with formation of the London Working Men's Association.

1858: At a speech in Springfield, Illinois, Senate candidate Abraham Lincoln says that a house divided against itself cannot stand -- that the country must one day become all slave or all free.

1871: Religious tests are abolished at the Universities of Oxford, Cambridge and Durham, except for theology.

1884: The first roller coaster in the U.S. opens at Coney Island, New York.

1891: Lawyer John Joseph Caldwell Abbott becomes the third prime minister of Canada.  He’s also the first to be born there.

1903: With $28,000 raised from investors, Henry Ford incorporates his new Ford Motor Co., setting up shop in a former wagon factory at Dearborn, Michigan.

1917: Katherine Graham, whose career will prove that the best way to get to the top of the journalistic heap is to inherit a newspaper, is born at New York City.

1960: One of the most successful thrillers of all time, Alfred Hitchcock's Psycho, opens in New York City.

2002: The TV program Politically Incorrect is canceled by ABC for not being politically correct.

June 16, 2005 in Today in History | Permalink | TrackBack (0)

Wednesday, June 15, 2005

Barnett on the AALS

The editors of this blog are having fun in Montreal, but Randy Barnett of the Volokh Conspiracy (who has a real cool thing that looks like a keyboard attachment to his cellphone, which he calls a "Treo 300") is actually writing about the sessions.  [Correction: Randy tells me it's a Treo 600, which is apparently a very different thing.]

Here's Randy's intro post this morning on live blogging of a conference.

Here's his summary of the second morning session, on  the troublesome interface between contract law and intellectual property law.

And here's his take on the afternoon session, Contracts and Arbitration.

June 15, 2005 in Conferences | Permalink | TrackBack (0)

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

June 15, 2005 in Conferences | Permalink | TrackBack (0)

Today in history -- June 15

1215: King John of England puts his seal to the Magna Carta.

1381: The Mayor of London, William Walworth, slays Wat Tyler, the leader of a group of rebellious peasants, during a peace conference; this effectively puts an end to the revolt.

1752: Benjamin Franklin succeeds in getting electric sparks by flying a kite in a thunderstorm.

1775: George Washington is appointed commander-in-chief of the Continental Army.

1785: Jean-François Pilâtre de Rozier and Pierre Romain become the first air-travel casualties when their hot air balloon explodes during their attempt to cross the English Channel.

1804: The Twelfth Amendment to the U.S. Constitution comes into force after ratification by New Hampshire.

1836: Arkansas is admitted to the Union as the 25th state.

1844: Charles Goodyear receives a patent for vulcanization, a process to strengthen rubber.  It revolutionizes the industry, but he’ll die a pauper, having had no connection with the company that bears his name.

1846: The Oregon Treaty establishes the 49th parallel as the border between the United States and Canada.

1849: Tennessee lawyer James Knox Polk, who usually wins the award for “Most Underrated U.S. President,” dies at Nashville, Tennessee.

1859: American farmer Lyman Cutler shoots a trespassing pig that belongs to the Hudson's Bay Company.  The "Pig War" ultimately leads to a military stand-off between 460 U.S. troops and three British warships that will last 12 years.

1909: The Imperial Cricket Conference is formed by representatives from England, Australia and South Africa, meeting at Lords.

1911: The Tabulating Computing Recording Corporation is incorporated. It later changes its name to International Business Machines, or IBM.

1932: Mario Matthew Cuomo (St. John’s Law 1956) is born at Queens, New York.

1969: One of TV's most unexpected hits, Hee Haw, debuts on CBS television as a summer replacement program.  It will roll along for more than 20 years.

June 15, 2005 in Today in History | Permalink | TrackBack (0)

Tuesday, June 14, 2005

AALS Contract Fest opens

Aals_logo_1 Contracts illuminati from around North America are gathering today for the first AALS Conference on Contract since -- well, in a long time.  They're convening in one of the continent's most fabled cities, Montréal, for Exploring the Boundaries of Contract Law.  It's one of those rare AALS events being held at a great place at the perfect time of year.  Here's the conference overview:

Exchange transactions constitute the core of our economic system and, not surprisingly, contract law occupies a central place in the legal curriculum. Contract law’s predominance has never been more evident [Ed. note:  Where have you gone, Grant Gilmore?], as new 21st century technologies expand the nature and province of consensual exchanges and emerging political systems explore the limits of contract-based economies. In this environment, legal decision makers must consider, among other things, the need for new rules and principles to govern novel forms of transactions, such as electronic standard-form contracting and software licensing, and to police against overreaching that results from unique kinds of market failures. Further, recent work exploring the nature of assent and applying cognitive psychology, critical theory, techniques of legal planning, and other tools, increases our understanding of the nature and function of contract law and demonstrates the breadth of contract law’s domain.

Tonight starts with a Reception from 6:00, and events kick off tomorrow morning at 8:45.  Going on at the same time is Commercial Law at the Crossroads, which has a number of joint sessions with the Contracts program.

June 14, 2005 in Conferences | Permalink | TrackBack (0)

Cases: Punitive damages in employment

Ontario_flag_1 Punitive damages have been fairly rare for employment disputes in Canada. But that may change, after a recent Ontario Superior Court decision that caused "an audible gasp" among employment lawyers in the province. The court in Keays v. Honda Canada Inc., [2005] O.J. No. 1145, "outraged" by the employer’s termination of an employee with "chronic fatigue syndrome," hit the employer with 24 months of salary and $500,000 in punitives. Genny Na of Toronto’s Borden Ladner Gervais LLP outlines the case and its implications.

June 14, 2005 in Commentary | Permalink | TrackBack (0)

Cases: It's not about the money

California_flag_9 A foster family agency who the court thought seemed more interested in the money than in the welfare of the children lost a breach of contract claim against a foster care family, in a recent decision by the California Court of Appeals.

Hosanna Homes and Families First are both foster family agencies (FFAs) in Alameda County, California, who certify foster care families. Hosanna entered into an agreement with the Robbins family, who took in two abused and neglected children, James and Victoria, in August 1994. As part of the transfer, James was to get psychotherapy. The Robbins’s contract provided that the foster family could not contact any attorney, county child welfare worker, or any other social worker without the presence of a Hosanna rep. Later, in 1996, Hosanna decided to terminate James’s psychotherapy because it was not working, but the Robbins family disagreed. After much talk and negotiation, the Robbinses decided to "rollover" their certification to Families First, taking Victoria and James with them. Hosanna objected strongly, threatening to remove the children. Finally, all of the relevant child care players except Hosanna—lawyers, county workers, and therapists—agreed that the Robbinses should go to Family First. Hosanna sued for breach of contract and tortious interference with an economic relationship.

Hosanna raised a number of policy issues regarding the rollover, arguing that they were unlawful and created dangerous opportunities for competition among agencies, who might compete based on offering higher rates. But what struck the court was the Hosanna was not seeking to prevent the Robbinses from switching—as it should have done if it thought that the children's’ best interest was being harmed—but purely for monetary damages. Since there was no claim that the Robbinses were switching for the money, and all the disinterested parties believed the switch to be in the children’s interest, the court had no difficulty holding that there was no breach of contract involved.

Hosanna Homes v. County of Alameda Social Services Agency, 2005 Cal. App. LEXIS 911 (1st Dist., June 8, 2005).

June 14, 2005 in Recent Cases | Permalink | TrackBack (0)

Today in history -- June 14

British_east_india_flag 1777: The Continental Congress adopts the Stars and Stripes as the flag of the new United States. Its pattern of alternating red and white strips is similar to the flag of the British East India Company (left).

1789: Captain William Bligh and 18 loyal sailors reach Timor after a 4,000 mile trip in an open boat following the mutiny aboard HMAV Bounty.

1832: Nikolaus August Otto is born at Holzhausen auf der Heide in Germany.  His N.A. Otto & Cie. (now Deutz AG) will become the first firm to manufacture internal-combustion engines.

1872: The government of Canada legalizes trade unions.

1920: Sociologist and political economist Maximilian "Max" Weber dies of pneumonia at Munich.

1925: Pierre Emil George Salinger is born at San Francisco, California. Today he’s best known for the eponymous "Pierre Salinger Syndrome," the tendency to believe that if it’s on the Internet it must be true.

1936: Gilbert Keith Chesterton dies at Beaconsfield in Buckinghamshire. "Thieves respect property," he once wrote. "They merely wish the property to become their property that they may more perfectly respect it."

1952: The U.S. Census Bureau dedicates the first commercial computer, the Remington Rand "Universal Automatic Computer," or UNIVAC I. It weighs nearly 15 tons, requires 350 square feet, costs upwards of $1 million (in 1952 dollars), and has a memory that can store 1,000 words.

1954: President Eisenhower signs legislation adding the words "under God" to the U.S. Pledge of Allegiance.

June 14, 2005 in Today in History | Permalink | TrackBack (0)

International Good Faith

Undue Influence, Unconscionability and Good Faith

Hans Tjio, National University of Singapore, Singapore Academy of Law Journal, Vol. 8, p. 429.

These three contract theories are reviewed as they apply to Singapore and in the international context.

June 14, 2005 in Recent Scholarship | Permalink | TrackBack (0)

Monday, June 13, 2005

Census of Law Professor Bloggers

This morning's PrawfsBlawg has an interesting census of the current law professor blogging population.  They report that 103 law professors currently blog; we have 24 law professors who blog as part of our Law Professor Blogs Network.

PrawfsBlawg notes that of the 103 law professor bloggers, 80.6% (83) are male and 19.4% (20) are female.  The comparable numbers for the 24 members of the Law Professor Blogs Network:  62.5% (15) male and 37.5% (9) female.

Here are the law schools with the most law professor bloggers:

Law Schools with Most Law Prof Bloggers


Number of Bloggers

San Diego




George Mason


Ohio State




George Washington




St. Thomas




June 13, 2005 in About this Blog | Permalink | TrackBack (0)

Weekly Top 10

Ssrn_logo_12 Following are the top-ten most-downloaded papers from the SSRN Journal of Contract and Commercial Law for the 60 days ending June 12, 2005.

1 (1) Risky Business: Managing Interagency Acquisition, Steven L. Schooner (Geo. Washington)

2 (2) Commentary on the Acquisition Workforce, Steven L. Schooner & Christopher R. Yukins (Geo. Washington)

• 3 (7) Toward a Better Understanding of Anti-dilution Provisions in Convertible Securities, Michael Woronoff (Proskauer Rose LLP) & Jonathan Rosen (Independent)

• 4 (10) The Role of Groups in Norm Transformation: A Dramatic Sketch, in Three Parts, Robert B. Ahdieh (Emory)

5 (8) The Political Economy of International Sales Law, Clayton P. Gillette (NYU) & Robert E. Scott (Virginia)

6 (9) Free Markets Under Siege, Richard A. Epstein (Chicago)

7 (-) Contracts and the Division of Labor, Daron Acemoglu (MIT, Economics), Pol Antras (Harvard, Economics) & Elhanan Helpman (Tel Aviv, Economics)

8 (-) Contracts, Holdup, and Legal Intervention, Steven Shavell (Harvard)

9 (-) The Societas Europaea - A Step Towards Convergence of Corporate Governance Systems?, Udo C. Braendle & Juergen Noll (University of Vienna, Business Studies)

10 (-) Whither Commodification?, Carol M. Rose (Yale)

Last week's ranking in parentheses; • indicates fastest-rising papers

June 13, 2005 in Recent Scholarship | Permalink | TrackBack (0)