ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Tuesday, April 2, 2013

Weekly Top Tens from the Social Science Research Council

RECENT HITS (for all papers announced in the last 60 days) 
TOP 10 Papers for Journal of Contracts & Commercial Law eJournal 

January 31, 2013 to April 1, 2013

RankDownloadsPaper Title
1 465 Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations 
Thomas StipanowichJ. Ryan Lamare
Pepperdine University School of Law, Pennsylvania State University - Department of Labor Studies and Employment Relations
2 137 Offer and Acceptance in Modern Contract Law: A Needless Concept 
Shawn J. Bayern
Florida State University - College of Law
3 135 Computable Contracts 
Harry Surden
University of Colorado at Boulder - School of Law
4 122 The Fiduciary Obligations of Financial Advisors Under the Law of Agency 
Robert H. Sitkoff
Harvard Law School
5 102 A Theory of Preferred Stock 
William W. BrattonMichael L. Wachter
Institute for Law and Economics, University of Pennsylvania Law School, University of Pennsylvania - Law School - Faculty
6 85 Tailoring a Consent Inquiry to Fit Individual Employment Contracts 
Lisa J. Bernt
Northeastern University School of Law
7 83 Regulation by Liability Insurance: From Auto to Lawyers Professional Liability 
Tom BakerRick Swedloff
University of Pennsylvania Law School, Rutgers School of Law - Camden
8 83 A Particle of Freedom: Natural Law Thought and the Kantian Theory of Transfer by Contract 
Helge Dedek
McGill University - Faculty of Law
9 78 Dude, Where's My Car Title?: The Law, Behavior, and Economics of Title Lending Markets 
Kathryn FritzdixonJim HawkinsPaige Marta Skiba
Vanderbilt University, University of Houston Law Center, Vanderbilt Law School
10 82 Personalizing Default Rules and Disclosure with Big Data 
Ariel PoratLior Strahilevitz
Tel Aviv University, University of Chicago Law School

RECENT HITS (for all papers announced in the last 60 days) 
TOP 10 Papers for Journal of LSN: Contracts (Topic)  

January 31, 2013 to April 1, 2013

RankDownloadsPaper Title
1 465 Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations 
Thomas StipanowichJ. Ryan Lamare
Pepperdine University School of Law, Pennsylvania State University - Department of Labor Studies and Employment Relations
2 165 One Sided Jurisdiction Clauses - A Casenote on Rothschild 
Pascal AncelGilles Cuniberti
Universite du Luxembourg, University of Luxembourg
3 137 Offer and Acceptance in Modern Contract Law: A Needless Concept 
Shawn J. Bayern
Florida State University - College of Law
4 135 Computable Contracts 
Harry Surden
University of Colorado at Boulder - School of Law
5 107 Culpa in Contrahendo in European Private International Law: Another Look at Article 12 of the Rome II Regulation 
Najib Hage-Chahine
Université Paris II - Panthéon-Assas
6 85 Tailoring a Consent Inquiry to Fit Individual Employment Contracts 
Lisa J. Bernt
Northeastern University School of Law
7 83 Regulation by Liability Insurance: From Auto to Lawyers Professional Liability 
Tom BakerRick Swedloff
University of Pennsylvania Law School, Rutgers School of Law - Camden
8 83 A Particle of Freedom: Natural Law Thought and the Kantian Theory of Transfer by Contract 
Helge Dedek
McGill University - Faculty of Law
9 77 No Contract? 
Oren Bar-GillOmri Ben-Shahar
New York University (NYU) - School of Law, University of Chicago Law School
10 73 Transfer of Rights and Obligations Under DCFR and CESL: Interactions with English and German Law 
Hugh BealeWolf-Georg Ringe
Warwick School of Law, Copenhagen Business School, Department of Law

[JT]

April 2, 2013 in Recent Scholarship | Permalink | TrackBack (0)

Monday, April 1, 2013

ABA Adopts Radical, Contracts-Based Curricular Reform

ABA LogoHaving recieved comments from numerous quarters, including from this blog's own Meredith Miller, the ABA Task Force on the Future of Legal Education, has announced that it is recommending that all areas of law now be understood as subsidiaries of contracts law. In addition to recommending that all law schools require their students to take six hours of contracts in the first year, the Task Force is recommending that second year students take required courses in Sales, Leases, Licensing and International Sales.  Those courses, including related live-client courses, simulations, moot court and trial advocacy competitions, and practica, will constitute much of the second year curriculum. 

According to the Task Force sources who asked not to be named because the Task Force's report has yet to be released officially, those elements of the reform proposal were uncontroversial.  "Everyone recognizes that all lawyers need a firm grounding in contracts and contract-related areas.  The only question disagreement on the Task Force was over whether six credits in the first year was enough.  Some members wanted 24."

Somewhat more controversial is the Task Force's recommendation that other areas of law be subsumed within the law of contracts.  According to our source, the Task Force is recommending that both Constitutional Law and Criminal Law be re-conceptualized as constituting either actual contracts or social contracts best understood with the traditional doctrinal tools of contracts law.  The Task Force concedes that this innovation was in part driven by a desire to reduce students' text book costs.  "All they have to buy is one, maybe two books by Randy Barnett, and they are covered," according to our source.  In addition, the Task Force recommends that International law courses will now be divided into Private International Contracts and Public International Contracts (Treaties). 

When asked if the Task Force anticipated difficulties persuading faculty members from other doctrinal areas to re-conceive those areas in terms of contracts law, our source told us that the Task Force considered the question and could not conceive of a doctrinal area that would not be better understood through contracts doctrine. 

[JT]

UPDATE: THE FULL TASK FORCE PRESS RELEASE CAN BE FOUND HERE.

April 1, 2013 in Law Schools, Teaching | Permalink | Comments (0) | TrackBack (0)