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Sunday, November 17, 2013

Introducing our Virtual Symposium: Nancy Kim's Wrap Contracts

KimThe symposium marks the publication of Nancy Kim's Wrap Contracts: Foundations and Ramifications (Oxford UP 2013).   Next wek, this blog will publish posts by experts from around the country commenting on Nancy's work.  Here is Oxford's bullet point summary of the book's virtues:

  • Explains why wrap contracts were created, how they have developed, and what this means for society
  • Uses hypotheticals, cases, and real world examples
  • Discusses court decisions with summary critiques
  • Provides doctrinal solutions grounded in law and policy
  • Defines and distinguishes different types of contract terms
  • Includes actual wrap contract terms, flow charts, checklists and other visual aids to explain legal concepts

The following people will be adding their own thoughts and comments on the blog next week:

CaloRyanRyan Calo is an assistant professor at the University of Washington School of Law.  He researches the intersection of law and emerging technology, with an emphasis on robotics and the Internet. His work on drones, driverless cars, privacy, and other topics has appeared in law reviews and major news outlets, including the New York Times, the Wall Street Journal, and National Public Radio. Professor Calo has also testified before the full Judiciary Committee of the United States Senate.

Professor Calo serves on numerous advisory boards, including the Electronic Privacy Information Center (EPIC), the Electronic Frontier Foundation (EFF), the Future of Privacy Forum, and National Robotics Week. Professor Calo co-chairs the Robotics and Artificial Intelligence committee of the American Bar Association and is a member of the Executive Committee of the American Association of Law Schools (AALS) Section on Internet and Computer Law. 

Professor Calo previously served as a director at the Stanford Law School Center for Internet and Society (CIS) where he remains an Affiliate Scholar. He also worked as an associate in the Washington, D.C. office of Covington & Burling LLP and clerked for the Honorable R. Guy Cole on the U.S. Court of Appeals for the Sixth Circuit. Prior to law school at the University of Michigan, Professor Calo investigated allegations of police misconduct in New York City.

You can read Professor Calo's work on SSRN and follow him on Twitter.

CherryMiriam A. Cherry is a visiting professor at the University of Missouri School of Law and a tneured professor law at Saint Louis University. Her scholarship is interdisciplinary and focuses on the intersection of technology and globalization with business, contract and employment law topics. In her recent work, Professor Cherry analyzes crowdfunding, markets for corporate social responsibility, virtual work and social entrepreneurship. Her articles will appear or have appeared in the Northwestern Law ReviewMinnesota Law ReviewWashington Law ReviewIllinois Law Review,Georgia Law ReviewAlabama Law Review, Maryland Law Review, and the Tulane Law Review, and U.C. Davis Law Review, among others. 

Professor Cherry attended Dartmouth College and Harvard Law School, where she was a research assistant to Professor Martha Minow, the present dean. After graduation from law school, she clerked for Justice Roderick Ireland of the Supreme Judicial Court of Massachusetts and then for Judge Gerald Heaney of the U. S. Court of Appeals for the Eighth Circuit. In 2001, a transition to the private sector took Professor Cherry to the Boston firm of Foley Hoag LLP, where she practiced corporate law with an emphasis on mergers and acquisitions, securities compliance filings, venture capital and private debt financing. She was also associated with the firm of Berman, DeValerio & Pease, where she was involved in litigating several accounting fraud cases including those against former telecom giant WorldCom and Symbol Technologies, which resulted in a $139 million settlement.

Professor Cherry has been on the faculty or visited at a number of law schools, including the University of Georgia, University of the Pacific-McGeorge School of Law and Cumberland School of Law. In 2008, she was elected a member of the American Law Institute.

You can read some of Professor Cherry's scholarship on SSRN.

WhartzogWoodrow Hartzog is an Assistant Professor at Samford University's Cumberland School of Law, which he has taught since 2011. Professor Hartzog writes in the area of privacy law, online communication, human-computer interaction, robotics, and contracts. His work has been or is scheduled to be published in scholarly publications such as the Columbia Law Review, California Law Review, and Michigan Law Review and popular publications such as The Atlantic and The Nation.

Before joining the faculty at Cumberland, Professor Hartzog worked as a trademark attorney at the United States Patent and Trademark Office in Alexandria, Virginia and as an associate attorney at Burr & Forman LLP in Birmingham, Alabama. He has also served as a clerk for the Electronic Privacy Information Center in Washington D.C. and was a Roy H. Park Fellow at the School of Journalism and Mass Communication at the University of North Carolina at Chapel Hill.

Professor Hartzog holds a Ph.D. in mass communication from the University of North Carolina at Chapel Hill, an LL.M. in intellectual property from the George Washington University Law School, a J.D. from the Cumberland School of Law at Samford University, and a B.A. from Samford University. He is an Affiliate Scholar at the Center for Internet and Society at Stanford Law School.

Recent and Forthcoming publications include:

The FTC and the New Common Law of Privacy, 114 COLUMBIA LAW REVIEW (forthcoming 2014) (with Daniel J. Solove).

Reviving Implied Confidentiality, 89 INDIANA LAW JOURNAL (forthcoming 2014).

Social Data, 74 OHIO STATE LAW JOURNAL (forthcoming 2013) (symposium).

Obscurity by Design, 88 WASHINGTON LAW REVIEW 385 (2013) (with Fred Stutzman) (symposium).

The Fight to Frame Privacy, 111 MICHIGAN LAW REVIEW 1021 (2013) (book review).

The Case for Online Obscurity, 101 CALIFORNIA LAW REVIEW 1 (2013) (with Fred Stutzman).

Chain-Link Confidentiality, 46 GEORGIA LAW REVIEW 657 (2012) (symposium).

Morigiello_9970 (1)Juliet Moringiello is a Professor at Widener University School of Law, where she regularly teaches Property, Sales, Secured Transactions, and Bankruptcy, and has taught seminars on Cities in Crisis and Electronic Commerce. From 2004 – 2010, she was the co-author, with William L. Reynolds, of the annual survey of electronic contracting law published in The Business Lawyer. She has recently published articles in the Maryland Law Review, the Wisconsin Law Review, the Fordham Law Review, and the Tulane Law Review. Prof. Moringiello has held several leadership positions in the American Bar Association Business Law Section, most recently in its Cyberspace Law Committee, and she is co-chair of the Uniform Commercial Code Committee of the Pennsylvania Bar Association Business Law Section. 

Recent Publications Include:

MrustadMichael Rustad is the Thomas F. Lambert, Jr. Professor of Law and Co-Director of the Intellectual Property Law Concentration at Suffolk University Law School. He has authored numerous books and articles, including In Defense of Tort Law that he coauthored with Thomas Koenig. His current books are titled Software Licensing: Principles & Practical Strategies (2013) and Global Internet Law in a Nutshell (2013).  Among his recently published articles are “Reconceptualizing Consumer Terms of Use for A Globalized Knowledge Economy” (2012) with Vittoria Onufrio, and “Reconceptualizing the BP Oil Spill as Parens Patriae Products Liability” (2012) with Thomas H. Koenig.  He is writing the first hornbook on Global Internet Law for West Publishing Company.  Professor Rustad received his PhD from Boston College, his JD from Suffolk University and his LLM from Harvard University.

Recent Publications Include:

  • SOFTWARE LICENSES: PRINCIPLES & PRACTICAL STRATEGIES (Oxford University Press, 2d ed., forthcoming 2013 ) 
  • GLOBAL INTERNET LAW (HORNBOOK SERIES) (forthcoming 2013 ) 

ZacksEric Zacks  is an assistant professor of law at Wayne State University Law School. His recent scholarship focuses on the relevance of behavioral sciences to contract formation, breach, and enforcement. His work has been published in the University of Cincinnati Law Review, the University of Pennsylvania Journal of Business Law, and the Penn State Law Review, and his forthcoming article, Shame, Regret, and Contract Design, will be published in the Marquette Law Review. 

In 2012 and 2013, Professor Zacks was voted Professor of the Year by the second- and third-year law students at Wayne. He teaches a variety of business law courses, including Corporate Finance, Mergers and Acquisitions, Securities Regulation, and Corporations, as well as a first-year Contracts course. 

Prior to joining Wayne State, Professor Zacks was a partner in the corporate and securities department of Honigman Miller Schwartz and Cohn LLP, a Detroit law firm, with a practice focus on complex acquisitions and divestitures, debt and equity financings, and other aspects of corporate transactions. He received his J.D., magna cum laude, from Harvard Law School and his B.A., with high distinction, from the University of Michigan.

Recent Publications Include:

  • "Shame, Regret, and Contract Design," 97 Marq. L. Rev. __ (forthcoming, 2013)
  • "Contracting Blame," 15 U. Pa. J. Bus. L.. 169 (2012)
  • "Unstacking the Deck? Contract Manipulation and Credit Card Accountability,"78 U. Cin. L. Rev. 1471 (2011)
  • "Dismissing the Class: A Practical Approach to the Class Action Restriction on the Legal Services Corporation," 110 Penn St. L. Rev. 1 (2005) (with Joshua D. Blank) reprinted in Class Action Litigation and Limitations (Icfai University Press, 2008).

[JT]

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