ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, February 24, 2017

The Challenges of Teaching Contracts: Materials and Tricks

More KCON presentation summaries from this morning, this time from a panel on Contracts teaching. Once again, apologies in advance for any inaccuracy in the notetaking.

  KCON12-Logo
Sean Scott (Loyola Los Angeles): "The Parol Evidence Rule--Video Presentation and Simulated Interviewing."
The Parol Evidence Rule is one of those subjects where, even in a generally Socratically-taught class, an innovative approach can be especially beneficial in getting the material across to the students. Professor Scott showed a video showing a flipped-classroom approach to teaching the PER, first describing the rule and then applying the rule to a filled-out form contract. The videos are assigned for viewing before class.  The pre-class videos get the students into depth of the issue much more quickly, raising issues of the extent to which the parties' agreement is integrated.  A second technique in the same PER unit involves bringing in an actor for a client interview where the topic turns to the initial discussions between the parties. The interview exercise drives home the application of the rule in a problematic area. Video units are subject to repeated viewing and students can listen to the material without being focused on notetaking. Video units provide variety in teaching methods. Interviewing-and-interactive learning (applying the rule) is better for long-term learning an retention.

David Epstein (Richmond): "Teaching Conditions." Conditions is one of the most difficult concepts for law students to grasp, and that seems to be true with students across the country. We won't get to answers here, but we can at least zero in on the difficulties. How can we address this area?  Some possibilities are the Contract Drafting/Tina Stark approach, which involves looking at contract documents. We may want to walk students through easily comprehended transactions--a home purchase contract and an insurance contract. Do cases really help here? If so, how much and what do they illustrate? Strict compliance? That courts disfavor conditions? That law abhors a forfeiture? Is it worth spending lots of classtime here to get across all of these concepts by a case? Problems may be much more effective. Students need to see the connection among these doctrines and rules. Where do conditions fit in relative to material breach? Where do conditions fit in connection with the excuse doctrines of impossibility and impracticability? These are related concepts where the parties do and don’t consider the circumstance. Students do not seem to benefit from extended class time spent on the question of constructive conditions.

Bob Brain (Loyola Los Angeles): "Policy, Structure, and Exercises Teaching the Parol Evidence Rule." Cases are problematic for teaching the PER because the students already know who "won" and then give up on understanding why. Another difficulty is that students have a moral rooting interest against the "liar" in a PER problem and decide that a liar-loses case is the right result for all cases. Professor Brain does not start with a case, but instead tries to explore the issue through problems that enable students to perceive the underlying tension in the PER and its exceptions.  The problems bring the students around to the legal question better than starting with a case.  Thinking transactionally, students come to realize that there are risks that arise from both allowing and not allowing parol evidence into the dispute.  Students need to realize that no matter what the rule is, sometimes the "bad guy" in the deal will win. Students have an easier time starting out with UCC 2-203 as the rule rather than the Restatement version, which is spread out over many sections.  Built the concepts on a chart, beginning with the level of integration and then evaluate the treatment of different types of terms. In sum, the approach is to illustrate policy, built the structure, and then drive home the meaning through exercises.

Carol Chomsky (Minnesota): "Rule Assembly for Misrepresentation" and "What I've Learned About Learning." (1) Misrepresentation is a difficult area to teach because the exceptions and categories are so diverse. The R2K sections better lend themselves to being taught broken out line by line--cutting the provisions apart. She gives the students only the global misrepresentation rule at first, and then students must assemble the special-case rules, even including the "and" and the "or" terms.  Students grasp what the logic is behind the Restatement rules because they assemble the rules themselves.  (2) Active learning is important--students need to interact and even move around the room. To stay engaged. Example--stand on a continuum of how much uncertainty the law should allow in enforceable contracts, and then quiz each other on why the students stand where they are standing. Spaced learning is important--revisit topics. Students actually grapple with a problem best before they know the answer. Even when students get the problems wrong, they learn better for having gone through the effort. Students need a structure--a framework in which to put the information that they learn. We should not give the students everything, but we do need to give the students something in which to assemble the material they learn. Students also need multiple opportunities to do what we test them on. Tell students why you are doing certain activities in the classroom--the "doing" exercises have a learning purpose, and students need to know. Professor Chomsky especially recommended the books Make It Stick, and Small Teaching for further reading.

Ben Templin (Thomas Jefferson): "Modern Case Method." Collectively, we've identified the problems of (1) time constraints, (2) building competency, (3) student engagement, (4) experiential learning and outcome assessment. Modern case method accounts for Bloom's taxonomy and other understanding about learning (e.g., cognitive load theory) in use of cases in legal education.  Beyond Bloom's, a focus on skills of meta-cognition skills has emerged--self evaluation and improvement.  The main benefit of Langdell's traditional case method is its ability to build inductive reasoning. Cognitive load theory is concerned with how one acquires long-term memory. Information learned must work through sensory memory, into working memory, and finally into long-term memory by a schema--structures that enable the reduction of cognitive load in taking in information. Millennial learning experience is particularly ill-suited to the traditional case method.  The modern case method intends to reduce cognitive load by establishing prior knowledge and schema. Use of pre-testing and other assessment to improve accountability.

February 24, 2017 in Conferences | Permalink | Comments (0)

Reconsidering Remedies

KCON12-Logo

Here are some notes from this morning's stimulating panel on contract remedies. Due apologies to the presenters for any notetaking errors, as those are entirely the fault of this writer. 

KCON12-Remedies Panel

Pictured from left: Dov Waisman, Moshe Gelbard, Jean Powers, and Shawn Bayern

Shawn Bayern (Florida State): "The Limitation of the Expectation Interest in Contract Law."  The justification for expectation damages frequently does not work out given real situations and goals of contracting parties.  Reliance damages are frequently the more just means to compensate the parties, particularly where the breaching party did not "intend" to contract. Expectancy is unduly harsh as compared to the moral fault of the breaching party. Courts will do reach this result sometimes, by recognizing a mistaken contract as reversible. Unilateral mistake is the least controversial situation in which to prefer reliance damages over expectancy. A second scenario is in cases of apparent agency.  A harder case for this argument is interpretive mistake--such as when the offer-and-acceptance communication is worded inartfully, causing confusion but objective contract formation occurs. Pure expectancy would disproportionately harm the breaching party as compared to the moral harm arising from breaching a promissory obligation. Where there has been little reliance, expectation does not tend to be fair.  One of the great fairness benefits of expectation damages is dealing with the price changes in rapidly moving prices, but many parties don't enter a contract for the purpose of fixing a price. They have other interests in mind, and there is less of an economic justification for the expectancy damages. The problem with any generalized rule in contract law is that it does not fit the wide variety of things that parties actually are doing when they enter into a contract.  That said, reliance seems to be the better fit for protecting the parties in more cases. Expectancy damages may just be a happy coincidence in protecting the parties as a remedy.  Better approach would be a generalized reliance remedy along with a limited disgorgement add-on. ("Reliance plus disgorgement.").  We many not need a forward-looking remedy to protect contracting parties. Contract law would benefit from tort-law like remedies, including moving reliance damages to the front of the line in contract remedies.

Jean Powers (South Texas): "Paying for What You Get--Restitution for Breach of Contract." The Restatement (Third) of Restitution and Unjust Enrichment (R3UR) speaks with a forked tongue and may be causing more confusion than benefit in the field of contract remedies. It tends to reject the view of "restitution for breach" based on unjust enrichment, though elsewhere (e.g., section 36) it addresses the idea of restitution for a party not in default.  Restitution tends to be the least desirable remedy in contract law, a last fallback position where nothing else is adequate. Contract law also dislikes the idea that party could get better recovery in restitution than if the contract had been performed.  Section 38 of R3UR deals entirely with contract damages, which is odd, given the subject of this restatement. The R3UR tends to add confusion to remedies questions by adding new terminology and inconsistent use of contract principles. Ultimately the principles of restitution and of contract law are not incompatible, but they have complicated the question of remedies. Section 38 may undercompensate, but section 39 (opportunistic breach) may overcompensate.  Section 39 seems to want to bring back the failed experiment with the tort of "bad faith breach of contract."

Dov Waisman (Southwestern): "The Hadley Rule and After-Arising Risks." Contract liability is narrower than tort liability based on the rule requiring foreseeability at the time of contracting (rather than the tort concept of proximate cause at the time of the tort). The rule has been justifies in many ways, including due to its fairness component in that a foreseeability standard best empowers both parties with the ability to protect themselves. The Hadley v. Baxendale rule should, however, be relaxed in the case of willful breach (intentional or recklessness in the breach). The general rationale for this modification for an after-arising risk is that the parties did not have an opportunity to protect themselves. The defendant's fairness objection is far weaker than that of the plaintiff given a circumstance that what was unforeseeable to both at the time of the initial contracting.  Extra liability would attach only if the defendant was willful in its breach and the plaintiff did not disclose the added damage risk because it had no reason to do so at the time of contracting. An example of this corrective rule is the 1992 Connecticut case of Savaroso v. Aetna--employee Savaroso was wrongfully terminated and that termination caused her greater damages because of her mental state, but her psychiatric situation was neither known nor foreseeable at the time of contracting (1982), through it was known at the time of the willful breach (1985) when Aetna wrongfully terminated Savaroso. Here, the traditional Hadley rule--and its information forcing rationale--does not work to justly compensate the parties. 

Moshe Gelbard (Netanya Academic College): Panel Moderator.

 

February 24, 2017 in Conferences | Permalink

A Great Day in L.A. for Some Contract Law...and for the Official Unofficial KCON Meme

Greetings from the Omni Los Angeles at California Plaza!  Looks like a fantastic first day for the 12th International Conference on Contracts.

KCON XII Hotel Morning

I would be remiss if I didn't post the official unofficial KCON meme:

KProf Meme

Two panels feature first this morning: Reconsidering Remedies with Shawn Bayern (Florida State), Jean Powers (South Texas), and Dov Waisman (Southwestern), moderated by Moshe Gelbard (Netanya); and Taking a Second Look with Sid DeLong (Seattle), Hila Keren (Southwestern), Meredith Miller (Touro), and Guy Rub (Ohio State), moderated by Keith Rowley (UNLV).

February 24, 2017 in Conferences | Permalink

Thursday, February 23, 2017

Casablanca Nights at KCON!

Thanks to a ContractsProf Blog exclusive news leak, we can reveal here and now the theme for Friday evening's festivities. But, since I don't feel up to the task of so monumental an announcement, let's turn it over to Bogie:

Casblanca Bogart

Or more to the point, prepare to walk into Casablanca Nights! The KCON XII organizers have already outdone themselves with an excellent contract-law focused substantive program, and we can now add an extravagantly-themed Moroccan feast to the festivities.

So, as we kickoff the Twelfth International Conference on Contracts at Southwestern Law School, prepare for some excellent quality time with kindred-spirit colleagues. As Bogart would undoubtedly say about this year's KCON:

Casablanca-quotes-beginning-friendship

I look forward to seeing colleagues and friends Friday morning.

 

February 23, 2017 in Conferences | Permalink | Comments (0)

Wednesday, February 22, 2017

KCON XII Schedule for Saturday, February 25 (Day Two)

(Post 2 of 2)

The Twelfth International Conference on Contracts kicks off this Friday! This year's model of ContractProf Blog's favorite conference, better known as KCON, will be held at Southwestern Law School in Los Angeles, and yours truly will be blogging from the event. While I hesitate to promise true live blogging, I'm confident--having recently taught my 1Ls the concept of quasi-contractual obligations--that "quasi-live blogging" is well within the realm of possibility. I look forward to the fun and quality time with our readers and colleagues this weekend.

Below, for your reading pleasure, is the final schedule for the second day of the conference.  The first day's schedule is posted here.  Day two highlights include the keynote address, "Enhancing Moral Relationships Through Strict Liability," delivered by Seana Shiffrin, Professor of Philosophy, UCLA & Pete Kameron Professor of Law & Social Justice, UCLA Law School.

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SATURDAY, FEBRUARY 25

8:30 - 9:00 a.m. Registration and Continental Breakfast (3rd Floor Lobby)

9:00 - 10:00 a.m. Panel Session 5

Contract Law: Looking Toward Asia (BW 390)

Mindy Chen-Wishart, Oxford University

Moderator: Tan Zhong Xing, National University of Singapore

10:00 - 10:15 a.m. Break (3rd Floor Lobby)

10:15 - 11:45 a.m. Panel Session 6

Theorizing Contract Law (BW 390)

Eli Bukspan, The Interdisciplinary Center, Herzliya, Radzyner Law School "Direct Incidence of Human Rights in the Private Sphere: Contract Law as the Missing Link"

Peter Gerhart, Case Western Reserve University School of Law "Promises and Obligations"

Enrique Guerra-Pujol, University of Central Florida, College of Business Administration "Illegal/Immoral Promises"

Nathan Oman, William & Mary Law School "The Dignity of Commerce: Markets and the Moral Foundations of Contract Law"

Moderator: Carol Sanger, Columbia Law School

Empirical Approaches (BW 370)

Gaston De Los Reyes, The George Washington University School of Business "Not From Guile But From Entitlement: Lawful Opportunism Haunts the Cracks in Contracts"

Colin Marks, St. Mary’s University School of Law "Online Terms and Conditions"

Christopher Odinet, Southern University Law Center "Bitcredit"

Moderator: Michael Kelly, University of San Diego School of Law

12:00 – 1:30 p.m. Lunch and Keynote Address (Louis XVI Room, 2nd Floor)

"Enhancing Moral Relationships Through Strict Liability" Seana Shiffrin, Professor of Philosophy, UCLA & Pete Kameron Professor of Law & Social Justice, UCLA Law School

1:45 – 3:15 p.m. Panel Session 7

Contract Law Meets Reality (BW 390)

Rachel Arnow-Richman, University of Denver, Sturm College of Law "Noncompetition, Good Faith, and the Bilateral Employment Contract"

Allen Kamp, John Marshall Law School "Wellness Programs and Consent"

Thomas Joo, UC Davis School of Law "The Law in the High Castle: Breach of Contract and Alternative History"

Eric Zacks, Wayne State UniversitySchool of Law "The Statute of Limitations and Acceleration Clauses in Mortgage Foreclosure Cases"

Moderator: Keith Rowley, UNLV Boyd School of Law

Inside the UCC (BW 370)

Robert Brain, Loyola Law School, Los Angeles "A Proposal to Eliminate UCC 2-315"

Jennifer Martin, St. Thomas University School of Law "Contracting to Address Human Rights Violations in Supply Agreements"

Daniel O’Gorman, Barry University, Dwayne O. Andreas School of Law "Contract Law’s Predominant Purpose Test and the Law/Fact Dichotomy" Moderator: Mark Wessman, Tulane University Law School

3:15 - 3:30 p.m. Break (3rd Floor Lobby)

3:30 - 5:00 p.m. Panel Session 8

Contracts in the Digital Age (BW 370)

Daniel Barnhizer, Michigan State University College of Law "Exploring the Normative Implications of Automation of Contract Law and Dispute Resolution"

Nicolas Cornell, University of Pennsylvania, Wharton School of Business "Smart Contracts and Ex Post Adjudication"

Michael Malloy, University of the Pacific, McGeorge School of Law "Contracts in a Digital Age: My Teenage Tech Advisors Rescue Dad"

Moderator: Mark Burge, Texas A&M University School of Law

Intimate Contracts, Consent & Commodification (BW 390)

Orit Gan, Sapir College, School of Law "Gett Abuse"

Nancy Kim, California Western School of Law "Consentability: Are There Limits to Consent?"

Carol Sanger, Columbia Law School "Contracting for Abortion"

Deborah Zalesne, CUNY School of Law "Choosing ‘Choice’ in the Age of Art"

Moderator: Kaiponanea Matsumura, Arizona State University, Sandra Day O’Connor College of Law

5:00 - 5:15 p.m. Closing Remarks (BW 390)

Southwestern-law-school-logo

February 22, 2017 in Conferences, Contract Profs | Permalink

KCON XII Schedule for Friday, February 24 (Day One)

(Post 1 of 2)

The Twelfth International Conference on Contracts kicks off this Friday! This year's model of ContractProf Blog's favorite conference, better known as KCON, will be held at Southwestern Law School in Los Angeles, and yours truly will be blogging from the event. While I hesitate to promise true live blogging, I'm confident--having recently taught my 1Ls the concept of quasi-contractual obligations--that "quasi-live blogging" is well within the realm of possibility. I look forward to the fun and quality time with our readers and colleagues this weekend.

Below, for your reading pleasure, is the final schedule for the first day of the conference.  Day one highlights include the presentation of the KCON Lifetime Achievement Award to Deborah Post.  You can find the Saturday schedule in a subsequent post.

KCON12-Logo

FRIDAY, FEBRUARY 24

8:15 - 8:45 a.m. Registration and Continental Breakfast (3rd Floor Lobby)

8:45 - 9:00 a.m. Welcome and Opening Remarks (BW 390) Susan Westerberg Prager Dean and CEO, Southwestern Law School

9:00 - 10:30 a.m. Panel Session 1:

Reconsidering Remedies (BW 370)

Shawn Bayern, Florida State University College of Law "The Limitations of the Expectation Interest in Contract Law"

Jean Powers, South Texas College of Law "Paying for What You Get—Restitution for Breach of Contract"

Dov Waisman, Southwestern Law School "The Hadley Rule and After-Arising Risks"

Moderator: Moshe Gelbard, The Netanya Academic College School of Law

Taking a Second Look (BW 390)

Sidney DeLong, Seattle University School of Law "The Farmer and the Cowman Should Be Friends: Coase, Cows, Corn, and Coercion"

Hila Keren, Southwestern Law School "Emotional Value and the Value of Emotions"

Meredith Miller, Touro Law Center "One Judge’s Legacy and the New York Court of Appeals: Mr. Justice Cardozo and the Law of Contracts"

Guy Rub, The Ohio State University, Moritz College of Law "Copyright Survives: The Copyright-Contract Conflict Revisited"

Moderator: Keith Rowley, UNLV Boyd School of Law

10:30 - 10:45 a.m. Break (3rd Floor Lobby)

10:45 - 12:15 p.m. Panel Session 2

Comparative & International Perspectives (BW 370)

Reza Beheshti, University of Nottingham School of Law (unfortunately banned from participating in person by Executive Order; participating via Skype) "Whether the Doctrine of ‘Adequate Assurance’ Should Be Introduced Into English Contract Law"

Charles Calleros, Arizona State University, Sandra Day O’Connor College of Law "U.S. Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention"

Robert E. Lutz, Southwestern Law School "The Role of ‘Contracts’ in International Law: Treaties and Arbitration"

Moderator: Lauren Willis, Loyola Law School, Los Angeles

The Challenges of Teaching: Materials and Tricks (BW 390)

Carol Chomsky, University of Minnesota Law School Materials: "Casebooks and the Future of Contracts Pedagogy"

Benjamin Templin, Thomas Jefferson School of Law Materials: "The Future of Casebooks"

David Epstein, University of Richmond School of Law Tricks: "Teaching Conditions"

Sean Scott, Loyola Law School, Los Angeles Tricks: "Parol Evidence Rule"

Robert Brain, Loyola Law School, Los Angeles Tricks: "Parol Evidence Rule"

Moderator: Charles Knapp, UC Hastings College of the Law

12:30 - 1:45 p.m. Lunch and Keynote Panel (Salle Moderne, 5th Floor) "Negotiating Complex Contracts: Behind the Scenes of the La Guardia Project" Harout Dimijian (Associate), M. Elizabeth Dubeck (Partner), Denise Raytis (Partner), Eric A. S. Richards (Partner), O’Melveny & Myers, LLP

2:00 - 3:30 p.m. Panel Session 3

Application of Contract Principles in the Entertainment Industry (BW 390)

Michael Blaha, Law Offices of Michael R. Blaha "Protection of Idea Disclosures by Implied-in-Fact Contracts"

Kia Kamran, Attorney at Law "The Esoteric Nature of Music Agreements"

Robert Lind, Southwestern Law School "Contracts and the Intersection with Copyright Termination"

Moderator: Danni Hart, Southwestern Law School

Contracts in the Corporate Setting (BW 370)

Michael Dorff, Southwestern Law School "Assessing the Assessment: B Lab’s Effort to Measure Companies’ Benevolence"

Pamela Edwards, CUNY School of Law "Have Public Benefit Corporations Benefitted the Public? The Rise of PBCs in the Service of Social Justice"

Mark Gergen, UC Berkeley School of Law "Privacy, Privity, and Collective Private Ordering"

Moderator: Summer Kim, UC Irvine School of Law

3:30 - 3:45 p.m. Break (3rd Floor Lobby)

3:45 - 5:15 p.m. Panel Session 4

The Contracting Process: Behavioral & Experimental Perspectives (BW 390)

Eyal Zamir, Hebrew University of Jerusalem, Faculty of Law "Marketing Techniques, Pricing Methods, and the Law of Consumer Contracts"

Russell Korobkin, UCLA School of Law "Bargaining with the CEO: The Case for ‘Negotiate First, Choose Second’"

Tess Wilkinson-Ryan, University of Pennsylvania Law School "The Perverse Consequences of Disclosing Standard Terms"

Dave Hoffman, University of Pennsylvania Law School "From Promise to Form: How Contracting Online Changes Consumers"

Moderator: Deborah Post, Touro Law Center

5:15 - 5:25 p.m. Short Break (3rd Floor Lobby)

5:25 - 5:55 p.m. The Legacy of Deborah Post: Lifetime Achievement Award Recipient (BW 390)

Meredith Miller, Touro Law Center Deborah Zalesne, CUNY School of Law Moderator: Danni Hart, Southwestern Law School

6:00 - 6:30 p.m. Reception

6:30 - 9:00 p.m. Dinner, Lifetime Achievement Award, Live Music (Louis XVI Room, 2nd Floor)

Southwestern-law-school-logo

 

February 22, 2017 in Conferences, Contract Profs | Permalink | Comments (0)

Friday, January 27, 2017

Reminder: January 31 Deadline for KCON XII Proposals Looms Tuesday

(H/T Dov Waisman. Info reposted from January 19 due to the conference proposal deadline--which is this coming Tuesday! - MEB)

KCON12-Logo
Dear Colleagues,

Happy New Year!  The 12th Annual International Conference on Contracts (KCON XII) is scheduled to begin on Friday, February 24th.  Here in Los Angeles, we are excitedly preparing for the conference and wanted to write with a couple of reminders.

First, we are still accepting proposals for presentations and panels.  The final deadline for submitting a proposal is Tuesday, January 31st.  We have received many terrific proposals so far and have only a small number of slots left.  So if you wish to submit, please do so at your earliest convenience, and in all events by the 31st.  As a reminder, in addition to traditional panel presentations, this year we are inviting short, ten-minute talks on a number of special topics, all of which are listed in the Call for Participation.  [Those CFP topics are

w Celebrating Deborah Post (the receiver of the lifetime achievement award)

w Teaching Tricks for Tough Topics

w Getting Better With Age: The History of Specific Contract Doctrines

w Hot from the Oven: Recent Cases or Legislation of Interest

w Outrageous Contracts

w Ignored Issues in Contract Law

 - Ed.]

If you have already submitted a proposal (thank you!), be sure to register for the conference and book your hotel room.

Also, if you have not done so already, please be sure to register for the conference and book reservations at the conference hotel as soon as possible. Conference registration and hotel information is available here. You should book your room at the Omni Los Angeles Hotel while discounted rooms in the conference block are still available.  Only a limited number of discounted rooms are available, so act fast!  The final deadline for booking a room at the Omni at the discounted rate is Sunday, February 12, but we expect all discounted rooms to be booked well before then.

That’s it for now.  We’ll be in touch with more details early next month.  If you have any questions or concerns about KCON XII, please contact Danielle Hart, Hila Keren, and/or myself at kcon12@swlaw.edu.  We look forward to seeing everyone in L.A. on February 24th and 25th!

Best,

Dov Waisman

Associate Professor of Law

Southwestern Law School

January 27, 2017 in Conferences | Permalink

Thursday, January 19, 2017

KCON XII Reminder: Conference Proposals Due by January 31

H/T Dov Waisman from the Contracts Prof Listserv for this post:

KCON12-Logo

Dear Colleagues,

Happy New Year!  The 12th Annual International Conference on Contracts (KCON XII) is scheduled to begin on Friday, February 24th.  Here in Los Angeles, we are excitedly preparing for the conference and wanted to write with a couple of reminders.

First, we are still accepting proposals for presentations and panels.  The final deadline for submitting a proposal is Tuesday, January 31st.  We have received many terrific proposals so far and have only a small number of slots left.  So if you wish to submit, please do so at your earliest convenience, and in all events by the 31st.  As a reminder, in addition to traditional panel presentations, this year we are inviting short, ten-minute talks on a number of special topics, all of which are listed in the attached Call for Participation.  If you have already submitted a proposal (thank you!), be sure to register for the conference and book your hotel room.

Also, if you have not done so already, please be sure to register for the conference and book reservations at the conference hotel as soon as possible. Conference registration and hotel information is available here. You should book your room at the Omni Los Angeles Hotel while discounted rooms in the conference block are still available.  Only a limited number of discounted rooms are available, so act fast!  The final deadline for booking a room at the Omni at the discounted rate is Sunday, February 12, but we expect all discounted rooms to be booked well before then.

That’s it for now.  We’ll be in touch with more details early next month.  If you have any questions or concerns about KCON XII, please contact Danielle Hart, Hila Keren, and/or myself at kcon12@swlaw.edu.  We look forward to seeing everyone in L.A. on February 24th and 25th!

Best,

Dov Waisman

Associate Professor of Law

Southwestern Law School

January 19, 2017 in Conferences | Permalink | Comments (0)

Thursday, December 15, 2016

KCON XII Early Bird Deadline is TODAY (December 15)

(Reposted at the front of the blog for deadline day)

KCON12-Logo

From Danielle Hart via the AALS Contracts Listserv:

The 12th International Conference on Contracts is just around the corner and the substantive content of the conference is starting to take shape nicely.  Here are some highlights so far:

  •  Seana Shiffrin, Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA, will be giving a keynote address currently entitled, “Enhancing Moral Relationships Through Strict Liability”
  • A panel of O’Melveny & Myers attorneys will give the second keynote address currently entitled, “Drafting Complex Contracts: Behind the Scenes of the LaGuardia Project”
  • There is a sizeable contingent of international contracts scholars joining us in February including, but certainly not limited to:

Mindy Chen-Wishart, the Associate Dean of Taught Graduate Studies at Oxford Law Faculty who also holds a fractional Professorship at the National University of Singapore and a Visiting Professorship at Hong Kong University, and

Eyal Zamir, Augusto Levi Professor of Commercial Law, Hebrew University of Jerusalem Faculty of Law.

  •  And, of course, there are already some great panels to look forward to that run the gamut from behavioral law and economics to intimate contracts and commodification.

So if you have not done so already, we would like to encourage you to please take advantage of the early bird registration deadline—December 15th (www.swlaw.edu/kconxii)—and to reserve a room at the Omni at your earliest convenience:

https://www.omnihotels.com/hotels/los-angeles-california-plaza/meetings/kcon-conference-southwestern-law-school.

Guests may also confirm their reservation at the negotiated rate by calling 1.800.THE.OMNI (843-6664) and referencing the “KCON Conf Southwestern Law School” guestroom block. 

If you have any questions or concerns before then, please feel free to get in touch with me, Hila Keren or Dov Waisman at kcon12@swlaw.edu. Wishing you all a very good end of the semester!

Danni 

Danielle Kie Hart

December 15, 2016 in Conferences | Permalink

Wednesday, December 7, 2016

KCON XII Reminder: December 15 Registration and Hotel Deadline Approaching

KCON12-Logo

From Danielle Hart via the AALS Contracts Listserv (NB: edited to fix hotel link on 12/9):

The 12th International Conference on Contracts is just around the corner and the substantive content of the conference is starting to take shape nicely.  Here are some highlights so far:

  •  Seana Shiffrin, Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA, will be giving a keynote address currently entitled, “Enhancing Moral Relationships Through Strict Liability”
  • A panel of O’Melveny & Myers attorneys will give the second keynote address currently entitled, “Drafting Complex Contracts: Behind the Scenes of the LaGuardia Project”
  • There is a sizeable contingent of international contracts scholars joining us in February including, but certainly not limited to:

Mindy Chen-Wishart, the Associate Dean of Taught Graduate Studies at Oxford Law Faculty who also holds a fractional Professorship at the National University of Singapore and a Visiting Professorship at Hong Kong University, and

Eyal Zamir, Augusto Levi Professor of Commercial Law, Hebrew University of Jerusalem Faculty of Law.

  •  And, of course, there are already some great panels to look forward to that run the gamut from behavioral law and economics to intimate contracts and commodification.

 So if you have not done so already, we would like to encourage you to please take advantage of the early bird registration deadline—December 15th (www.swlaw.edu/kconxii)—and to reserve a room at the Omni at your earliest convenience:

https://www.omnihotels.com/hotels/los-angeles-california-plaza/meetings/kcon-conference-southwestern-law-school.

Guests may also confirm their reservation at the negotiated rate by calling 1.800.THE.OMNI (843-6664) and referencing the “KCON Conf Southwestern Law School” guestroom block. 

If you have any questions or concerns before then, please feel free to get in touch with me, Hila Keren or Dov Waisman at kcon12@swlaw.edu. Wishing you all a very good end of the semester!

Danni 

Danielle Kie Hart

December 7, 2016 in Conferences | Permalink

Thursday, November 10, 2016

Break on Through to the Other Side at KCON XII: Doors Cover Band "Wild Child" to Perform

 

Southwestern-law-school-logo  KCON12-Logo

Our friends at Southwestern Law School are ramping up the next edition of this blog's favorite conference, The 12th Annual International Conference on Contracts, better known as KCON XII, to be held on February 24-25, 2017 at the Art Deco Landmark in Los Angeles.

The latest development is the marquee entertainment, as the organizers have announced that "Wild Child," a talented cover band of The Doors, will play live on Friday, February 24.

We'll let the band speak for itself on what to expect:

WildChild-KCON12Wild Child - Dave Brock's Doors Experience is the Los Angeles based act with over 20 solid years of world tour experience and has flourished in the competitive L.A. Music Scene. Faithfully re-creating a live Doors Concert on stage. The music is painstakingly reproduced and combined with the voice, look and essence of Jim Morrison live on stage (performed by lead singer Dave Brock). Wild Child tries to mirror the depth, energy and emotion of The Doors concerts as they were live back in the late 1960's. The Band also utilizes the same musical instruments live as The Doors did over 40 years ago. Wild Child performs internationally, playing to packed venues around the globe.

Front man, Dave Brock, started his role as the Lizard King by grabbing the lead in the" Jim Morrison Rock Opera," produced by the late legends sister, Anna Morrison Graham. Anna personally selected Brock for the part. From there, he started the band "Wild Child," whose reputation rapidly spread from Southern California to remote areas of the world. Wild Child's first show at The Whisky a-Go-Go was on July 3rd, 1986. A long string of sell out shows at The Whisky has continued for Wild Child to this date. Wild Child broke right into the national act venue circuit, and continues to play across the country and abroad to packed touring act venues. Many experts have complimented Wild Child's rendition of a Doors concert, some of which are listed on the Press page of this site. Concert goers leave Wild Child concerts in amazement and disbelief, many of which are quoted here at Fan Reviews. The band relies on stage craft and musicianship to create an event that people will remember, without corn ball antics and pretentious banter. This is a serious, touring re-creation stage show!

More information about Wild Child, including photos, are available here.

Omni-los-angeles-hotel-exteriorThis event should be an unforgettable night. Be sure to register for the conference and book reservations at the conference hotel before the December 15 deadline. Have you registered yet for KCON XII? Conference registration and hotel information is available here. Registration by December 15, 2016 will get you the early-bird rate of $250. You should also register and book your room at the Omni Los Angeles Hotel while discounted rooms in the conference block are still available. Remember also to respond to the Call for Participation, which we previously highlighted here.

November 10, 2016 in Conferences | Permalink

Tuesday, October 25, 2016

Upcoming Symposium: Divergence and Reform in the Common Law of Contracts (November 19, 2016)

From the symposium website, which you can also access here:

GW-LOGO-capture_georgia_one-line

 

 

Symposium 2016 | Divergence and Reform in the Common Law of Contracts

With our co-hosts Dean Blake Morant of The George Washington University Law School and Professors Larry DiMatteo of the University of Florida and Martin Hogg of the University of Edinburgh, The George Washington Law Review is proud to present its Fall 2016 Symposium, Divergence and Reform in the Common Law of Contracts 

This Symposium continues a tradition of biennial conferences that began at the University of Sheffield, UK in 2011, followed by a conference held at the University of Edinburgh in 2013.  But this 2016 Symposium is not your grandfather’s contract law.  Instead, this conference takes a 21st Century approach to comparative issues in contract law, examining the most pressing controversies, debates, and challenges currently shaping the United States and United Kingdom’s shared legal tradition in the area of common law contracts.

We are also honored to welcome Rt. Hon. Lord Hodge, a Justice on the Supreme Court of the United Kingdom, as our keynote speaker.  Lord Hodge’s extensive experience on the bench steeped in the common law tradition will provide unique insight and an in-depth understanding of the role of American and English courts in shaping contract law doctrine.  

Click here to RSVP for the November 19 panel discussions.  If you are interested in obtaining CLE credit for this event, please indicate on the RSVP form.* 

*Upon request, the law school will submit applications to state bar associations for continuing legal education credits.  Please note that CLE approval is ultimately at the discretion of individual states and no advance assurance can be given that credit will be granted in all cases.  Please contact cle@law.gwu.edu for CLE-specific questions.

 
Schedule of Events: Saturday, November 19, 2016:
 

8:00-8:45 AM: Breakfast and Registration

8:45–10:45 AM: Opening Address and Keynote Speaker

  • Dean Blake Morant, The George Washington University Law School, “Importance of Comparative Law for Law Reform”
  • Hon. Lord Hodge, Justice on the U.K. Supreme Court, Keynote Address

11:00 AM: Panel 1 – Share Economy and the Edges of Contract Law

  • Moderator: Judge Barbara Keenan, U.S. Court of Appeals for the Fourth Circuit
  • Miriam Cherry, Director, William C. Wefel Center for Employment Law and Professor of Law, St. Louis University Law School
  • Rolf Weber, Faculty of Law, University of Zurich
  • Matthias Storme, Professor of Law, KU Leuven

12:30 PM: Panel 2 – Contractual Remedies

  • Larry DiMatteo, Huber Hurst Professor of Contract Law, University of Florida Levin College of Law

1:30 PM: Lunch

2:45 PM: Panel 3 – Contract Interpretation and Good Faith

  • Robert Stevens, Herbert Smith Freehills Professor of English Private Law, University of Oxford
  • Lawrence Cunningham, Henry St. George Tucker III Research Professor, The George Washington University Law School
  • Professor Martin Hogg, Professor of the Law of Obligations, Edinburgh Law School

4:50 PM: Panel 4 – Consumer Contract Law

  • Moderator: Judge Carlos Lucero, U.S. Court of Appeals for the Tenth Circuit
  • Geraint Howells, Chair Professor of Commercial Law and Dean of the Law School, City University of Hong Kong
  • James Nehf, Professor of Law and Cleon H. Foust Fellow, Indiana University Robert H. McKinney School of Law

5:45 PM: Closing Reception

Subject to revision. All events to be held at The George Washington University Law School.  For more information, please contact Carla Graff, Law Review Senior Projects Editor, at cgraff@law.gwu.edu.

H/T: Miriam Cherry

October 25, 2016 in Conferences | Permalink | Comments (0)

Monday, October 24, 2016

KCON XII Call for Participation Now Live: Get Those Cards and Letters Coming!

KCON XII. CFP

October 24, 2016 in Conferences | Permalink | Comments (0)

Thursday, October 20, 2016

Deborah Post Named Lifetime Achievement Honoree for KCON XII

 

KCON12-Logo

The organizers and steering committee for the 12th International Conference on Contracts have announced that this year's Lifetime Achievement honoree will be Deborah Post, Professor of Law at Touro College Jacob D. Fuchsberg School of Law. Professor Post will receive the award honoring her career on February 24, 2017 at KCON XII at Southwestern Law School in Los Angeles.

Prof_Deborah_Post Deborah W. Post graduated cum laude from Hofstra University with a major in Anthropology and took a job first as an editorial assistant and then as a teaching assistant to Margaret Mead, the noted anthropologist, before attending Harvard Law School. She began her legal career working in the corporate section of a law firm in Houston, Texas. She left practice for a position at the University of Houston Law School and moved to New York to Touro Law Center in 1987. In the academic year 1994-95 she was a visiting professor at Syracuse Law School. In 2000 she was Distinguished Visiting Professor at DePaul Law School. Professor Post has written extensively in what she considers her three areas of expertise: business associations, legal education and critical race theory. Professor Post seeks to apply an anthropologist's sensibilities and methodologies to the study of law.

Among her most recent efforts are a book on legal education, Cultivating Intelligence: Power, Law and the Politics of Teaching written with a colleague, Louise Harmon and published by New York University Press and a casebook for contracts called Contracting Law with co-authors Amy Kastely and Sharon Hom.

Omni-los-angeles-hotel-exteriorSpeaking of KCON XII, have you registered get? Conference registration and hotel information is available here. Registration by December 15, 2016 will get you the early-bird rate of $250. You should also register and book your room at the Omni Los Angeles Hotel while discounted rooms in the conference block are still available. But hurry! A conference Call for Proposals will be coming out shortly, and we will publish that information here on the blog.

October 20, 2016 in Conferences | Permalink | Comments (0)

Tuesday, September 6, 2016

KCON XII Keynote Event: O'Melveny on the LaGuardia Project - Register and Book for February 24-25, 2017

Southwestern-law-school-logo  KCON12-Logo

Our friends at Southwestern Law School are ramping up the next edition of this blog's favorite conference, The 12th Annual International Conference on Contracts, better known as KCON XII, to be held on February 24-25, 2017 at the Art Deco Landmark in Los Angeles.

O'Melveny LogoAlready on the schedule for this year's conference are two keynote presentations. The first event will be on Friday, February 24, when O'Melveny & Myers LLP will give a panel presentation entitled, Drafting Complex Contracts: Behind the Scenes of the LaGuardia Project. The high-stakes legal issues involved should make for an intriguing and instructive tale of contract law:

O’Melveny represented the LaGuardia Gateway Partners consortium in its winning bid to assume operational control of New York LaGuardia Airport’s central terminal building and to build, finance, operate, and maintain a replacement terminal.  O’Melveny represented LGP throughout the two-and-a-half year bidding process for the project, as well as during the exclusive negotiation period to consummate the transaction that followed.  The US$4 billion project is the largest public-private partnership to be undertaken anywhere in the world.

Booking your hotel early at the  Omni Los Angeles Hotel at California Plaza is especially important to ensure that you have incredible accommodations at a discounted rate in the conference block of rooms.

In addition to the special hotel deals, conference registration is also now open for business. If you register for KCON XII now, you can get the early-bird rate of $250 for conference registration.

Stay tuned for more KCON XII information in the coming days, including information on another keynote event, as well as the opportunities for you to submit a proposal for presentation or panel.

September 6, 2016 in Conferences | Permalink | Comments (0)

Friday, September 2, 2016

KCON XII in Los Angeles - Book at the Special Hotel Rate and Save February 24-25 on Your Calendar!

Our friends at Southwestern Law School in Los Angeles are ramping up the next edition of this blog's favorite conference, The 12th Annual International Conference on Contracts. Or as we lovingly call it:

KCON12-Logo

KCON XII is shaping up to be one of the best gatherings of contracts scholars and teachers to date, but that is only possible with your attendance and participation. Here is the organizers' conference description:

Set in a meticulously restored Art Deco landmark at the heart of Los Angeles, the two-day conference is designed to offer an experience that combines novel ideas, cutting edge practical knowledge, and fun. KCON affords contracts scholars, teachers at all experience levels (including those preparing to enter the academy and those whose primary teaching appointment is not in a law school), and practicing attorneys an opportunity to present, discuss, and receive feedback on a wide range of contract-related scholarship and issues. Articles recently published or accepted-but-not-yet published, works in progress, thought experiments, pedagogical innovations, as well as practice-based cases/problems are all welcome. The conference also provides an eagerly anticipated annual opportunity to network with colleagues, potential collaborators, and mentors from around the country and other parts of the world.

Omni-los-angeles-hotel-exteriorBooking your hotel early at the fantastic Omni Los Angeles Hotel at California Plaza (pictured at left) is especially important to ensure that you have incredible accommodations at a discounted rate in the conference block of rooms.

In addition to the special hotel deals, conference registration is also now open for business. If you register for KCON XII now, you can get the early-bird rate of $250 for conference registration.

Stay tuned for more KCON XII information in the coming days, including a reveal of the keynote presentations, as well as the opportunities for you to submit a proposal for presentation or panel.

September 2, 2016 in Conferences | Permalink | Comments (0)

Tuesday, July 19, 2016

Registration Open for Central States Law Schools Association 2016 Scholarship Conference

CSLSA 2016 Conf

Registration is now open for the Central States Law Schools Association 2016 Scholarship Conference, which will be held on Friday, September 23 and Saturday, September 24 at the University of North Dakota School of Law in Grand Forks, ND. We invite law faculty from across the country to submit proposals to present papers or works in progress.

CSLSA LogoCSLSA is an organization of law schools dedicated to providing a forum for conversation and collaboration among law school academics. The CSLSA Annual Conference is an opportunity for legal scholars, especially more junior scholars, to present on any law-related topic in a relaxed and supportive setting where junior and senior scholars from various disciplines are available to comment. More mature scholars have an opportunity to test new ideas in a less formal setting than is generally available for their work. Scholars from member and nonmember schools are invited to attend. 

Please click here to register. The deadline for registration is September 2, 2016.   Hotel rooms are now available for pre-booking. The conference hotel is the Hilton Garden Inn in Grand Forks. The hotel phone number is (701) 775-6000. When booking, identify yourself as part of the “UND School of Law” block to receive a daily rate of $89. Please note that conference participants are responsible for all of their own travel expenses including hotel accommodations.

H/T: CSLSA

July 19, 2016 in Conferences | Permalink | Comments (0)

Wednesday, March 16, 2016

KCON Highlights VII: Intenational Contract Law; Public Policy Considerations

Southwestern-law-school-logoWe now reach the last of our series of posts highlighting the proceedings at the KCON XI: The Eleventh International Conference on Contracts, with videos covering the final concurrent sessions held on Saturday, February 27, 2016. This ending is a worthwhile moment point to note that KCON XII is set for next February at Southwestern Law School in Los Angeles. I hope we will get to see many of you in southern California next year! Details will certainly show up in this space.

International Contract Law

  • Moderator: Mark Burge, Texas A&M University
  • Pablo Lerner, Ramat Gan School of Law, Constructive Trusts in Israeli Land Contracts – Contract as Key
  • Dr. Lachmi Singh-Rodrigues, University of West of England, Avoidance of the Contract and the Seller’s Right to Cure Under the CISG
  • Qi Gao, Beihang University School of Law, Consumer Protection under Chinese Contract Law
  • Watch the panel video

Public Policy Considerations in Contract Law

  • Moderator: David A. Grenardo, St. Mary’s University School of Law
  • Wayne Barnes, Texas A&M University, Arrested Development: Rethinking the Age of Majority in the 21st Century
  • Mayanna Dellinger, University of South Dakota, Contracts to Kill Endangered Species: Public Policy Arguments
  • Joan MacLeod Heminway, The University of Tennessee College of Law, The LLC Operating Agreement and its Relation to Contract
  • Hao Jiang, Tulane University, Freedom of Contract Under State Supervision
  • Watch the panel video

March 16, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Tuesday, March 15, 2016

KCON Highlights VI: Neoliberalism; E-Commerce

Here, we continue our series of posts highlighting the proceedings at KCON XI, which are available courtesy of our friends at St. Mary's University School of Law. This set comes from the second concurrent sessions held on Saturday, February 27, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Neoliberalism word cloudContract Law and Neoliberalism

  • Moderator: Dov Waisman, Southwestern Law School
  • Danielle Hart, Southwestern Law School, Contract Law & Ideology
  • Creola Johnson, The Ohio State Univesity Moritz College of Law, Contractual Duplicity: Creditors Force Consumers into Arbitration While Exploiting the Criminal Justice System to Arrests Consumers Who Cannot Pay
  • Hila Keren, Southwestern Law School, Scalia on Contracts: The Dissemination of Neoliberal Logic
  • Matthew Titolo, West Virginia, Neoliberalism’s Fine Print
  • Watch the panel video

Ecommerce globeE-Commerce

  • Moderator: Colin P. Marks, St. Mary’s University School of Law
  • Daniel Barnhizer, Michigan State University College of Law, Contracts and Automation: Exploring the Normativity of Codability
  • Stacy-Ann Elvy, New York Law School, The Internet of Things (IOT) and Bargaining Disparity
  • Max N. Helveston, DePaul University, Regulating the Digital Marketplace
  • Watch the panel video

March 15, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Monday, March 14, 2016

KCON Highlights V: Contract Theory; Remedies Beyond Expectation Damages

KCON GraphicVideo recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and share those with you here. This set comes from the first concurrent sessions held on Saturday, February 27, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Contract TheoryTheoretical Perspectives on Contract Law

  • Moderator: Jennifer Martin, St. Thomas University
  • Shawn Bayern, Florida State University, The Failure of Law and Economics
  • Sidney DeLong, Seattle University, Jephthah’s Daughter and Morally -Efficient Breach
  • Orit Gan, Sapir College, Peres Academic Center, The Many Faces of Contractual Consent
  • Val D. Ricks, South Texas College of Law, Contract Doctrine as Contract Theory
  • Watch the panel video

Breach of contractRemedies: Beyond Expectation Damages

  • Moderator: Nancy Kim, California Western School of Law
  • Yehuda Adar, University of Haifa, Pre-Contractual Disgorgement
  • Moshe Gelbard, Netanya Academic College School of Law, Pre-Contractual Disgorgement
  • Roger Halson, University of Leeds, UK, Liquidated Damages and “Penalty” Clauses in the UK: A New Approach

Watch the panel video

March 14, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)