February 26, 2010
Spring Contracts Conference: Day One
The 2010 Spring Contracts Conference begins today at UNLV's William S. Boyd School of Law. Here's Friday's line-up:
The Contract Law System and Power – Past, Present, and Future
Chair: Jay M. Feinman (Rutgers-Camden)
Hila Keren (Hebrew U. of Jerusalem), Considering Affective Consideration
Nancy S. Kim (Cal Western), ‘Wrap Contracts as Sword, Shield, Crook, and Drawbridge
Amy J. Schmitz (Colorado), Pizza-Box Contracting: An Empirical Exploration of Consent
Danielle Kie Hart (Southwestern), Smoke, Mirrors & Contract Law
Incomplete Information and Contract Law
Chair: Keith A. Rowley (UNLV)
Robert Anderson (Pepperdine), Information, Incentives, and Disclosure in the Law of Contracts
H. Allen Blair (Hamline), No-Reliance Clauses
Yair Listokin (Yale), Bayesian Interpretation
Shawn J. Bayern (Florida State), Rational Ignorance, Rational Closed-Mindedness, and Modern Economic Formalism in Contract Law
Contract Law’s Intersection with Business Law
Chair: Nancy B. Rapoport (UNLV)
Daniel S. Kleinberger (William Mitchell), Battle Report from the Undiscovered Territory – The Law of “Contractual Organizations” Continues its Silent War on the Common Law of Contract
Andrew A. Schwartz (Colorado), A “Standard Clause Analysis” of the Frustration Doctrine and the Material Adverse Change Clause
Lydie N. Pierre-Louis (St. Thomas (FL)), Mini-Tender Offers: The Lack of Federal Jurisdiction and the Failure of Fundamental Contract Law Principles to Protect Investors
Keynote: Omri Ben-Shahar (U. of Chicago), The Failure of Mandated Disclosure
Arbitration and Unconscionability in Rent-a-Center West v. Jackson and Elsewhere
Chair: Jean R. Sternlight (UNLV)
Charles L. Knapp (UC-Hastings), Blowing the Whistle on Mandatory Arbitration: Unconscionability as a Signaling Device
Karen Halverson Cross (John Marshall (IL)), Letting the Arbitrator Decide? Unconscionability and the Allocation of Authority Between Courts and Arbitrators
Christopher R. Drahozal (Kansas), Rent-A-Center and Institutional Arbitration Rules
Thomas J. Stipanowich (Pepperdine), Contracts and Conflict Management: Another Look
Forming Contracts and Similar Relationships
Chair: James W. Fox, Jr. (Stetson)
Michael Pratt (Queen's U. (Ontario)), What is a Promise?
Val D. Ricks (South Texas), The Continued Relevance of Consideration
Janet Ainsworth (Seattle), Beyond Status and Contract: Relational Estoppel as a Source of Rights and Obligations in Intimate Relationships
Andrea B. Carroll (LSU), Reviving Proxy Marriage
Vive la Différence!: Comparative Contract Theory
Chair: Daniel D. Barnhizer (Michigan State)
Robin J. Effron (Brooklyn), Revisiting The Death of Contract: Gilmore’s Thesis in Comparative Perspective
Wayne R. Barnes (Texas Wesleyan), French Subjective Theory of Contract: Separating Rhetoric from Reality
Tadas Klimas (Kaunas, Lithuania), Lessons American and Continental Contract Theory Can Teach One Another
Franklin G. Snyder (Texas Wesleyan), Cross-Cultural Adoption of Legal Rules: The Case ofHadley v. Baxendale
[Keith A. Rowley]
February 25, 2010
Mutual Mistake in Vanity Fair?
In Chapter 32 of William Makepeace Thackeray's Vanity Fair, Jos Sedley, whom Thakeray describes as a "very stout, puffy man, in buckskins and Hessian boots," panics that the allied forces had been overrun in Belgium and that Napoleon's army will give no quarter to British men, even if, like Jos, they happen to be civilians. He therefore rambles around Brussels in search of a horse that can carry his portly frame out of the city. He thus falls prey once again to Thackeray's leading character, not to say heroine, Rebecca Sharp, who just happens to be in possession of two fine horses to sell.
Jos seldom spent a half-hour in his life which cost him so much money. Rebecca, measuring the value of the goods which she had for sale by Jos's eagerness to purchase, as well as by the scarcity of the article, put upon her horses a price so prodigious as to make even the civilian draw back.
As it turns out, the allies had not been overrun and the need for flight was not what either Jos or Rebecca took it to be. Could Jos escape his promise to pay Rebecca in reliance on the doctrine of mutual mistake?
February 24, 2010
Weekly Top Ten from the Social Science Research Network
February 22, 2010
Spring Conference Program Available
As Keith is likely too busy gearing up for the conference he is hosting to post here, I am providing a link to the program for the Spring 2010 contracts conference to be held at the end of the week at UNLV's William S. Boyd School of Law.
We at the blog are very excited about this conference, as everyone on our masthead will be in attendance. The program looks great, so we all hope to emerge enlightened, energized, and re-dedicated to never getting near a slot machine again.