Tuesday, July 17, 2007
Two new papers on the practical aspects of contracting in the digital age have made this week's list, along with eight returnees Following are the top ten most-downloaded new papers from the SSRN Journal of Contract and Commercial Law for the 60 days ending July 15, 2007. (Last week's rank in parentheses.)
1 (1) The Failure of Economic Interpretations of the Law of Contract Damages, Nathan B. Oman (Wm. & Mary).
2 (3) Contractualism About Contract Law, Robin Bradley Kar (Loyola-L.A.).
3 (5) The ‘Natural Meaning’ of Contracts, John Carter & Elisabeth Peden (Sydney).
4 (6) Contract Rights and Remedies, and the Divergence between Law and Morality, Brian Bix (Minnesota).
5 (6) When Common Law Trumps Equity: The Rise of Good Faith and Reasonableness and the Demise of Unconscionability, Elisabeth Peden (Sydney).
6 (8) E-Contract Doctrine 2.0: A Fresh Approach to Online Standard Form Contracts in the Age of Online User Participation, Shmuel I. Becher & Tal Zarsky (Haifa).
7 (9) The Expressive Function of Directors' Duties to Creditors, Jonathan C. Lipson (Temple).
8 (10) Transparency and Determinacy in Common Law Adjudication: A Philosophical Defense of Explanatory Economic Analysis, Jody S. Kraus (Virginia).
9 (-) Just One Click: The Reality of Internet Retail Contracting, Ronald J. Mann (Texas) & Travis Siebeneicher (Fulbright & Jaworski).
10 (-) Reinventing Consumer Protection, David Adam Friedman (Willamette).