ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, April 18, 2006


Those interested in the role of contract law in private ordering -- whether for or against -- should consider submitting proposals for the Annual Program of the AALS Section on Contracts.  This year's topic, says Chair Jean Braucher (Arizona) is New Frontiers in Private Ordering.  Papers selected will be published in the Arizona Law Review.  Here's the Call for Papers:

The Section on Contracts of the Association of American Law Schools is seeking two presenters for its annual meeting program on the topic, New Frontiers in Private Ordering.  The program, to be held on January 5, 2007, in San Francisco, will explore ways in which contracts, real or metaphorical, are being used to deal with problems that public law might tackle but is not addressing very effectively.  A "new frontier" in private ordering can involve, among other possibilities, an unusual purpose of contracting or an unusual subject matter of the contract.  Both celebratory and critical perspectives are welcome.  Papers could do one or more of the following:  describe an interesting example, develop a theoretical perspective, and consider strengths and weaknesses of using private rather than public ordering to address a social problem.

Two presentations will be made by invited speakers, and two presentations will be by scholars selected through this call for papers.  The Arizona Law Review has agreed to publish these four papers and is interested in publishing several additional papers in the issue on this topic.  The AALS annual meeting program will only allow time for four presentations but additional papers to be published will be announced at the program and abstracts will be made available.

Aaa_22Aaa_23  One of the two invited papers is a co-authored spin-off from a book by Professors Ian Ayres (Yale) and Jennifer Brown (Quinnipiac, right), Straightforward:  How to Mobilize Heterosexual Support for Gay Rights (Princeton University Press 2005), which suggests ways for people to "contract" around homophobia by, for example, buying products with the "fair employment mark" indicating that the seller does not discriminate on the basis of sexual orientation.  The new paper will discuss how an employer who adopts the mark can restrict, better quantify, and better control litigation risk than under existing nondiscrimination policies. The other invited paper is by Professor Michele Goodwin (DePaul) and is a spin-off from her book Black Markets:  The Supply and Demand of Body Parts (Cambridge University Press 2006), which is on trade in human organs and raises race and class issues concerning this trade.  Her new paper will focus on the promise of negotiated sales of body parts as a means to better serve the interests of both sellers and buyers.  Drawing on the example of negotiation in the reproductive realm, the paper will develop the argument that selective private ordering in intimate spaces can better serve the poor and racial minorities than public ordering.

A selection committee, in consultation with the editors of the Arizona Law Review, will choose two additional papers for presentation.  The committee members are Professor Jean Braucher (Arizona), chair of the Section on Contracts, and Professors Martha Ertman (Utah) and Robert Hillman (Cornell), members of the section Executive Committee.  The deadline for submissions is Sept. 1, 2006, but the committee encourages earlier submissions and will read papers as they are submitted.  Please send an abstract and a draft paper as electronic attachments to Jean Braucher.  Questions also can be directed to that address.  Selections will be made before Oct. 1, 2006, in time for inclusion of the names of those selected in the AALS annual meeting program.  Panelists will be expected to circulate near-final draft papers among themselves by December 15.  The deadline for manuscripts will be March 15, 2007, with publication in the fall 2007 issue of the Arizona Law Review.  The length of pieces should be no more than 30 printed ages (40 to 45 double-spaced manuscript pages). Papers can be co-authored; if selected, co-authors will have to allot their program time among themselves.  AALS will not provide funds for speakers' travel expenses or meeting registration; annual meeting speakers typically obtain funding from their home institutions.

[Frank Snyder]

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