ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

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Thursday, March 7, 2013

Eighth International Conference on Contracts: Now Available for Viewing

Frank-snyder1Frank Snyder has outdone himself this time!

The full proceedings of last month's conference in Fort Worth are now available for your viewing pleasure here. Both picture and sound quality are very high.  It's a beautiful thing to see and hear!

[JT]

March 7, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, March 4, 2013

Symposium on Competition and Procurement at George Washington University Law School

March 12 & 14, 2013 GWULaw

GW's Government Procurement Law Program is hosting a symposium focusing on the intersection of competition policy and procurement law.  The event features two keynote addresses as well as panels, chaired by Professors William E. KovacicSteven L. Schooner, and Christopher R. Yukins, that explore the way competition and anti-trust concerns play out in the procurement arena.

Attendance is free, but space is limited.  Reserve a seat by emailing Jessie Pierce at jppierce@law.gwu.edu.

Full details can be found here.

In other GW law news, the latest edition of their Government Contracting newsletter is available here.

[JT]

March 4, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Sunday, February 24, 2013

Thanks, Frank Snyder and Texas Wesleyan... Save the Date for Miami 2014

The 8th Annual International Conference on Contracts was a success!  Thanks to Frank Snyder and Texas Wesleyan for organizing and hosting.  All of the panels were videotaped, so we will provide a link once it is made available to us.

The blog was privileged to present a replica of the 5-foot contract from the Hobbit movie to the conference honoree, Chancellor John E. Murray.  (Here's an "amazingly detailed" legal analysis of that contract, which includes a non-disclosure provision and a mandatory arbitration clause).

Next year we will trade the Lonestar State for the Sunshine State... so mark your calendars for February 22-23, 2014 at St. Thomas University School of Law in Miami... where we contracts profs will "party in the city where the heat is on, all night on the beach till the break of dawn."

[Meredith R. Miller]

 

February 24, 2013 in Conferences | Permalink | Comments (1) | TrackBack (0)

Wednesday, February 20, 2013

New in Print

Pile of BooksKenneth A. Adams, A Manual of Style for Contract Drafting (3d ed., 2013)

 Browning Jeffries, Preliminary Negotiations or Binding Obligations? A Framework for Determining the Intent of the Parties, 48 Gonz. L. Rev. 1 (2012/13)

Michael J. Davidson, , Lt. Col. (Ret.), U.S. Army, The Twenty-Third Major Frank B. Creekmore Lecture: Where We Came From and Where We May Be Going. 211 Mil. L. Rev. 263 (2012)

Zhiyong Liu, and Ronen Avraham, Ex Ante Versus Ex Post Expectation Damages, 32 Int'l Rev. L. & Econ. 339 (2012)

About a year ago this time, we posted about Melissa Lonegrass's presentation at the Seventh Annual International Conference on Contracts, which was held in San Diego.  We now happily note that the published version is now available:

Melissa T. Lonegrass, Finding Room for Fairness in Formalism— The Sliding Scale Approach to Unconscionability, 44 Loyola U. Chic. L. J. 1 (2012)

Fort_Worth_c1920_loc_6a14633

And speaking of the Annual International Conference on Contracts, the schedule for the Eighth International Conference on Contracts, coming up this weekend, is available here.

[JT]

February 20, 2013 in Conferences, Recent Scholarship | Permalink | TrackBack (0)

Friday, February 8, 2013

Eighth International Conference on Contracts Is Only a Fortnight Away!

Fort_Worth_c1920_loc_6a14633

This annual event brings together scholars who teach and work in the areas of contract law and practice for two days of panels and scholarly presentations. The Conference is unique in the breadth of its coverage of contract-related issues and its mix of senior and junior scholars. One of its chief goals is to foster and encourage dialogue and relationships among scholars at all levels, and to bring together those whose work comes from different perspectives. The Conference will be held Friday-Saturday, February 22-23, at:

Texas Wesleyan Law School
1515 Commerce Street
Fort Worth, Texas 76102

The Conference is sponsored and hosted by Texas Wesleyan University School of Law and Wolters Kluwer Law & Business. For more information about the Conference contact lead conference organizer Frank Snyder at (817) 212-3921, or via e-mail.

More information is available here.

[JT]

February 8, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, January 28, 2013

Quick Thoughts on George Mason LEC Workshop on the Economics of Contracting


PhotoI'm about to leave Fort Myers, Florida after a great weekend on Captiva Island, where I participated in the George Mason LEC Workshop for Law Professors on the Economics of Contracting. Economists sure know how to organize a workshop.  (By the way, the picture depicts a bird that was hanging out on the balcony of my hotel room).

Over at George Mason they understand incentives.  Participants pay a $500 deposit that is only refunded after all sessions (including dinners) are attended.  After attending all sessions, participants not only see a return of the deposit but additionally receive a $500 honorarium.  Lodging and all meals were covered and they couldn't have paid for better weather (on the day I got there the weather was about 70 degrees warmer than New York).  I am still waiting for someone to try to sell me a timeshare.

Broadly, the goal of the program is to expose legal academics to economics.  The homework (though voluminous) was thoughtfully compiled and the instruction was engaging.  Some participants were already fairly exposed to law and economics others (including myself) had tinkered on the margins in researching but had no background whatsoever.  I found the material and the teaching very accessible.

The discussion included contractual (and non-contractual) solutions to hold up problems and price readjustment.  We also discussed retail price maintenance and slotting fee contracts. I found the discussion of vertical integration most interesting, though I had to suspend my disbelief when told not to consider the liability implications of choosing to employ someone v. hire them as an indpendent contractor.  There were other times when I had to suspend disbelief about psychology and decisionmaking capacity.  So, I suppose this is the timeshare.  While I didn't buy it, I do feel enriched for having spent some time considering these problems through a classical economics lens.  

I highly recommend this and other George Mason programs to anyone with even a passing interest in economics.  I learned that reputation matters (though to varying degrees depending on which economists you read).  Whatever the case may be, George Mason deserves its excellent reputation for organizing these outstanding workshops.  Thanks!

[Meredith R. Miller]

January 28, 2013 in Conferences, Meetings | Permalink | Comments (0) | TrackBack (0)

Friday, January 4, 2013

Live from New Orleans, It's Friday Night!

But tomorrow morning is Saturday, and that means . . .

It's time for the AALS Section on Contracts Session:

Aalslogo

8:30-10:15 AM: Oak Alley, Third Floor, Hilton new Orleans Riverside

Featuring:

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

 "Instructing Juries on Noneconomic Contract Damages," David A. Hoffman, Temple University, James F. Beasley School of Law

 "The Dog that Didn’t Bark: Private Investment Funds and Relational Contracts in the Wake of the Great Recession,” Robert C.Illig, University of Oregon School of Law

 "Formality in Patent Licensing," Karen E. Sandrik, Willamette University College of Law

To be followed by the ever-exciting business meeting.

We hope to see you there.

[JT]

 

January 4, 2013 in Conferences | Permalink | TrackBack (0)

Thursday, December 6, 2012

Get Ready - AALS Annual Meeting

(From the friendly folks at the AALS Contracts Law Section)

 

Dear Colleagues,

The program for the Section on Contracts at the 2013 AALS Annual Meeting will be on Saturday, January 5, 2013 at 8:30-10:15 AM. We had an enthusiastic response to our Call for Papers and have put together an exciting panel.  The selected speakers and their topics are as follows:

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

 "Instructing Juries on Noneconomic Contract Damages," David A. Hoffman, Temple University, James F. Beasley School of Law

 "The Dog that Didn’t Bark: Private Investment Funds and Relational Contracts in the Wake of the Great Recession,” Robert C.Illig, University of Oregon School of Law

 "Formality in Patent Licensing," Karen E. Sandrik, Willamette University College of Law

 We look forward to seeing you in New Orleans.

 Sincerely, 

Tom Joo

Chair, AALS Section on Contracts

 

December 6, 2012 in Conferences | Permalink | TrackBack (0)

Monday, November 26, 2012

Reminder: 8th International Conference on Contracts Upcoming in Forth Worth

Details can be found here.

Fort_Worth_c1920_loc_6a14633

 
8th Annual International Conference on Contracts - Calls for Papers

Submissions are cordially invited for the 8th Annual International Conference on Contracts, the largest annual scholarly and educational conference devoted to contracts and related areas of commercial law. Papers and works-in-progress are welcome from those who study contracts from any perspective, whether doctrinal, pedagogical, theoretical, empirical, historical, economic, critical, comparative, or interdisciplinary. Works that take an international or civil law approach are also welcome. Junior scholars are particularly encouraged to participate. Those interested in proposing and organizing panels (3-5 presenters) on specific themes are especially encouraged to do so.
 
Individual submissions should be made by a brief abstract (one page is sufficient) of the paper or WIP that includes contact information for the author(s). Individual submissions will be placed on panels with like submissions. Panel proposals should include the name and contact information of the moderator or organizer, and a summary of the proposed papers or works in progress. There is no publication commitment for the conference, but organizers of individual panels are free to arrange for publication on their own.
 
Submissions: Deadline is Monday, Dec. 17, 2012. Proposals submitted earlier will be accepted on a rolling basis. Proposals submitted after the deadline will be accepted on a space-available basis. Submissions should be directed to: Franklin G. Snyder at fsnyder@law.txwes.edu.

Conference: The 8th Annual International Conference on Contracts will be Friday, Feb. 22, 2013 at Texas Wesleyan School of Law, 1515 Commerce Street in Fort Worth.

Registration: Fee for the conference is $249 ($299 after Jan. 1, 2013), which includes a continental breakfast and lunch on both Friday and Saturday, and the conference dinner on Friday night. A website for conference registration and other information will soon be available.

Accommodations: The conference hotel is the Sheraton Fort Worth Hotel and Spa, which has a special rate of $129/night for those who book before Jan. 21, 2013. The Sheraton is across the street from Texas Wesleyan School of Law. The law school and the hotel are less than a half-hour from Dallas-Fort Worth International Airport, and three blocks from the Intermodal Transportation Center. A free shuttle bus links the school and the hotel with popular Fort Worth destinations including Sundance Square and the Historic Stockyards. Commuter rail service makes popular Dallas destinations such as Dealey Plaza, the Sixth Floor Museum, the Deep Ellum musical scene, and the American Airlines Center easily accessible from the hotel and the law school.  

[JT]

November 26, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, November 15, 2012

Contract as Public Law Conference at Emory

 Contract as “Public Law” at the Intersection of Globalization and Privatization 

March 1 - 2, 2013 

Emory University School of Law, Atlanta, Georgia 

Conference Oragnizer, Martha Fineman (pictured)

FinemanThe process of privatization relies heavily upon contracting in a variety of forms, from outsourcing or the complete transfer of functioning to a private entity to the creation of public-private partnerships. The bargains that are struck are generally justified in terms of efficiency and effectiveness, and work to funnel social assets and obligations into private hands in exchange for a promise that certain goods and services will eventually be returned to the public. These mechanisms complement the more general flow of wealth into private hands as our systems and structures of governance increasingly cede to private ordering. Indeed, states are increasingly acting in service to the private sphere, justifying interventions to protect corporations from the vagaries of the market even as they profess a concern for the public good. At the same time, the negative effects of corporate excesses and mismanagement on the well-being of individuals are deemed to fall within the category of individual or “personal responsibility.”

The expansion of contractual relationships has been the direct result of these processes of privatization. Yet in a ‘post-privatization’ world more individuals are exposed, in more areas of their lives, to contractual ordering and therefore to contract law. What awaits our societies under this alternative legal regime? Is such a regime prepared to handle the masses of people who are not necessarily seasoned market players? And crucially, if and how are such questions taken into account by those considering and crafting concrete privatizations?

While the privatization of public functions may seem unstoppable at this point, we believe it is important to pause and rethink certain private law principles and traditional contract doctrines. Is it possible to incorporate and reflect a vital public interest in the substance and processes of performance of these potentially society-transforming arrangements?

  Emory_quadWorkshop Details: 

The Workshop begins Friday at 4PM in room 575 of Emory Law School (1301 Clifton Rd, Atlanta, GA), followed by dinner in the Hunter Atrium. Panels continue on Saturday from 9:30 AM to 5PM. Breakfast and lunch will be provided. 

 Workshop Contacts: 

Martha Albertson Fineman, Emory University School of Law, mfineman@law.emory.edu 

Hila Keren, Southwestern Law School, hkeren@swlaw.edu 

Teemu Ruskola, Emory University School of Law, teemu.ruskola@emory.edu 

Submissions Procedure: 

Email a proposal as a Word or PDF document by 11/30/2012 to Emily Hlavaty at: emily.hlavaty@emory.edu 

**Decisions will be made by December 14th 2012 and working paper drafts will be due February 8th 2013 so they can be distributed prior to the Workshop 

 

 Topics May Include: 

 What relationships have been moved from status to contract and what is the justification for doing so? Is this progress? 

 What are the limitations and strengths of existing contract law, and what existing doctrines might prove fruitful for the imposition of public values into private contract? 

 What is the role for judges in navigating the space between the public and private spheres in the context of post-privatization? 

 Might the public be formally included as a third-party beneficiary to a privatization transaction and what would that accomplish, if anything? 

 Can we develop a body of “public contract” law that would cover privatization situations? What would such a body of law look like and how might it differ from existing private contract law? 

 Are there tools set out in other bodies of doctrine that might be expanded to supplement certain contracting situations? 

 What should the duty of good faith mean when it applies to market actors (such as corporations) that replace public institutions? 

 What are the duties of providers of privatized services? Do and should they have duties to provide services on an equal basis? 

 Can competition and cost/benefit concerns justify a closure of a branch of a privatized service in a distressed neighborhood or should the private provider maintain access to services at all cost? 

 Can the discourse regarding contract law as a public law be informed by theories such as feminism, CRT and queer theory, which emphasize the importance of context in legal analysis? 

 Are there nuances in interpreting or implementing arrangements such as the “labor contract” or the “marriage contract” that are deemed contractual, but have obvious and clear public and social content, that might be imported into general contract principles? 

 Can the policies and principles underlying suggested reforms of consumer contracts to afford more protection for “weaker” parties in some European countries be transplanted to the USA? 

 To what extent can the above questions be answered by existing contractual doctrines and what are the obstacles to their use? 

  Various resources on vulnerability and resilience can be found on the VCH Initiative website.

[JT]

November 15, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 13, 2012

Villanova University School of Law to Host Symposium on the CISG

On January 18, 2013, the Villanova Law Review will be holding a symposium on "Assessing the CISG and Other International Endeavors to Unify International Contract Law: Has the Time Come for a New Global Initiative to Harmonize and Unify International Trade?"  This topic is both timely and important as the United Nations is considering a proposal to study whether it should undertake the drafting a new convention on international sales law.  The symposium will feature the leading authorities on the subject of international sales law from across the globe, including the Secretary of the United Nations Commission on International Trade Law (UNCITRAL), The Honorable Renaud Sorieul.  Here is a list of the confirmed participants:

  • Vls_logoYesim Atamer, Professor of Law at Bilgi University and Vice Director of Istanbul Bilgi University European Union Institute
  • Eric Bergsten, Professor Emeritus at Pace University School of Law, Deputy Director of the Institute of International Commercial Law, and Administrator of the Willem C. Vis International Commercial Arbitration Moot
  • Michael Bridge, Cassel Professor of Commercial Law at the London School of Economics
  • Sieg Eiselen, Professor of Private Law at University of South Africa
  • Harry Flechtner, Professor of International and Domestic Commercial Law at University of Pittsburgh School of Law
  • Alejandro Garro, Adjunct Professor of Law and Senior Research Scholar of the Parker School of Foreign and Comparative Law at Columbia University School of Law
  • John Y. Gotanda, Villanova University School of Law
  • Keith Loken, Assistant Legal Adviser for Private International Law, U.S. State Department
  • Alejandro Osuna-González, Founding Partner of Osuna González y Asociados, S.C.
  • Jan Ramberg, Professor Emiritus at University of Stockholm, and former Chairman of the CISG Advisory Council
  • Dr. Djakhongir Saidov, Professor of International Sales Law at University of Birmingham and Birmingham Law School
  • Dr. Ulrich Schroeter, Chair for Private Law, International Corporate Law and European Business Law at the University of Mannheim
  • Dr. Ingeborg Schwenzer, Professor of Private and Comparative Law, University of Basel
  • Han Shiyuan, Professor of Civil Law at Tsinghua University School of Law and Tsinghua University Director of European and Comparative Law Center
  • Hiroo Sono, Professor of Law at Hokkaido University
  • Lisa Spagnolo, Assistant Lecturer in Property Law at Monash University
  • Renaud Sorieul, Secretary, UNCITRAL and Director of the International Trade Law Division of the United Nations Office of Legal Affairs
  • Pilar Perales Viscasillas, Chair of Commercial Law at University Carlos III of Madrid
  • Peter Winship, Professor of International and Domestic Commercial Law at SMU Dedman School of Law

Villanova Law
The symposium is being sponsored by Villanova University School of Law, the United Nations Commission on International Trade Law, the Committee on International Contract and Commercial Law of the International Section of the New York Bar, the Pennsylvania Bar Association, the Philadelphia Bar Association and Global Philadelphia.

More details are available here.

[JT]

November 13, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, September 28, 2012

At Last, the Conference Announcement We've All Been Awaiting!

EIGHTH ANNUAL INTERNATIONAL
CONFERENCE ON CONTRACTS
Texas Wesleyan School of Law
1515 Commerce Street, Fort Worth Texas 76102
February 22-23, 2013
CALL FOR PAPERS

Submissions are cordially invited for the 8th Annual International Conference on Contracts, the largest annual scholarly and educational conference devoted to Contracts and related areas of commercial law. Papers and works-in-progress are welcome from those who study Contracts from any perspective, whether doctrinal, pedagogical, theoretical, empirical, historical, economic, critical, comparative, or interdisciplinary. Works that take an international or civil law approach are also welcome. Junior scholars are particularly encouraged to participate. Those interested in proposing and organizing panels (3-5 presenters) on specific themes are especially encouraged to do so.

Individual submissions should be made by a brief abstract (one page is sufficient) of the paper or WIP that includes contact information for the author(s). Individual submissions will be placed on panels with like submissions. Panel proposals should include the name and contact information of the moderator or organizer, and a summary of the proposed papers or works in progress. There is no publication commitment for the conference, but organizers of individual panels are free to arrange for publication on their own.

Submissions: Deadline is Monday, December 17, 2012. Proposals submitted earlier will be accepted on a rolling basis. Proposals submitted after the deadline will be accepted on a space-available basis. Submissions should be directed to:
Franklin G. Snyder
fsnyder@law.txwes.edu

Registration: Fee for the Conference is $249 ($299 after January 1, 2013), which includes a Continental breakfast and lunch on both Friday and Saturday, and the Conference Dinner on Friday night. A web site for Conference registration and other information will soon be available..

Accommodations: The conference hotel is the Sheraton Fort Worth Hotel and Spa, which has a special rate of $129/night for those who book before January 21, 2013. The Sheraton is across the street from Texas Wesleyan School of Law. The law school and the hotel are less than a half-hour from Dallas-Fort Worth International Airport, and three blocks from the Intermodal Transportation Center. A free shuttle bus links the school and the hotel with popular Fort Worth destinations including Sundance Square and the Historic Stockyards. Commuter rail service makes popular Dallas destinations such as Dealey Plaza, the Sixth Floor Museum, the Deep Ellum musical scene, and the American Airlines Center easily accessible from the hotel and the law school. Here is a link to reserve rooms at the Sheraton for the Conference.

We look forward to seeing you in Fort Worth!

[JT]

September 28, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Contracts Law Theory in London, 2013

Prince Saprai (UCL), George Letsas (UCL) and Greg Klass (Georgetown) are organising a conference on the Philosophical Foundations of Contract Law to take place next May (Friday 10th and Saturday 11th May 2013) in London at the University College London Laws Faculty.  The organizers will be producing a volume to be published by Oxford University Press from the papers at the conference.

Bentham
Confirmed speakers include:


  • Aditi Bagchi (Fordham)
  • Randy Barnett (Georgetown)
  • Lisa Bernstein (Chicago)
  • Curtis Bridgeman (Florida State)
  • Mindy Chen-Wishart (Oxford)
  • Charles Fried (Harvard)
  • Avery Katz (Columbia)
  • Dori Kimel (Oxford)
  • Gregory Klass (Georgetown)
  • Jody Kraus (Columbia)
  • George Letsas (UCL)
  • Daniel Markovits (Yale)
  • Liam Murphy (NYU)
  • David Owens (Reading)
  • James Penner (UCL)
  • Margaret Jane Radin (Michigan)
  • Joseph Raz (Columbia / KCL)
  • Prince Saprai (UCL)
  • Robert Scott (Columbia)
  • Stephen Smith (McGill)
  • Nicos Stavropoulos (Oxford)
  • Robert Stevens (Oxford)
  • Charlie Webb (LSE)

Here is a link to the conference website.

Come for the conference; stay for the Jeremy Bentham auto-icon!

[JT]

September 28, 2012 in Conferences | Permalink | TrackBack (0)

Monday, September 24, 2012

Save the Date: 8th International Conference on Contracts in Fort Worth

Frank snyderBlog Founder and contracts impressario extraordinaire (the Diaghilev of Contracts), Frank Snyder, will be our host at the 8th International Conference on Contracts to be held at the Texas Wesleyan School of Law in Fort Worth, Texas on Friday & Saturday, February 22 & 23, 2013.

A call for papers will be coming out in due course, along with information about registration and conerence hotels.  But for now, just put a big red circle around the date.  

Frank and his colleagues will have to live up to the very high standards set by previous incarnations of the conference such as: the one held this year in San Diego, where Mel Eisenberg was honored, last year at the Stetson University College of Law, where the conference presentations were upstaged by a shipwreck, and in 2010 at UNLV Law School, where blog contributor Keith Rowley was host.  

This year will feature another lifetime achievement honoree and the usual array of contracts law and lore.

So do save the date.  Texas awaits

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[JT]

September 24, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Thursday, September 13, 2012

CSLSA Conference: Submission Deadline Approaching

Annual Scholarship Conference

October 19-20

Cleveland-Marshall College of Law

Cleveland

The Central States Law Schools Association 2012 Scholarship Conference will be held October 19 and 20, 2012 at the Cleveland-Marshall College of Law, in Cleveland, Ohio.  We invite law faculty from across the country to submit proposals to present papers or works in progress.

            The purpose of CSLSA is to foster scholarly exchanges among law faculty across legal disciplines.  The annual CSLSA conference is a forum for legal scholars, especially more junior scholars, to present working papers or finished articles 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. 

To allow scheduling of the conference, please send an abstract of no more than 500 words to Secretary Missy Lonegrass at Missy.Lonegrass@law.lsu.edu by September 22, 2012. Any late submissions will be considered on a space available basis only.

For those who are interested, the CSLSA mentorship program pairs interested junior scholars with more senior mentors in their fields of expertise to provide feedback on their presentations or papers.  To participate in the mentorship program as either a mentor or mentee, please contact Vice-President Elizabeth Young at ely001@uark.edu.

            In keeping with tradition, CSLSA is able to pay for one night’s lodging for presenters from member schools.  If a school is interested in joining CSLSA and has not received an invoice, please contact Treasurer Carolyn Dessin at cld3@uakron.edu.

     For more information about CSLSA, visit our website at http://cslsa.us/.

[JT]

September 13, 2012 in Conferences | Permalink | TrackBack (0)

Friday, September 7, 2012

Panel on Military Contractors at American University's Washington College of Law

American_University_Washington_College_of_Law_Logo

 

Coming Wednesday, September 12, 2012 at American University's Law School:

A panel discussion featuring:

Panelists:
Laura Dickinson, Oswald Symister Colclough Research Professor of Law, George Washington University. Author, Outsourcing War and Peace: Protecting Public Values in an Era of Privatized Foreign Affairs (Yale Univ. Press 2011)
Capt. Chad Fisher, U.S. Army. Chief, Branch IV, Government Appellate Division, U.S. Army Legal Services Agency; counsel for the United States in Ali.
Lt. Col Peter Kageleiry, Jr., U.S. Army. Senior Appellate Attorney, U.S. Army Defense Appellate Division; counsel for the Defendant-Appellant in Ali.
Moderator:
Steve Vladeck, Professor of Law and Associate Dean for Scholarship, Washington College of Law

Topic:

On July 18, the highest court in the U.S. military justice system—the circuit-level Article I Court of Appeals for the Armed Forces (“CAAF”)—issued the most significant ruling on the scope of U.S. military jurisdiction in the past 25 years. In its unanimous decision in United States v. Ali, 71 M.J. 256 (2012), CAAF upheld a 2006 amendment to the federal military code that authorizes the trial by court-martial of “persons serving with or accompanying an armed force in the field,” including civilian contractors, during most overseas (and some domestic) military deployments. In so holding, CAAF distinguished a long line of Supreme Court decisions rejecting military jurisdiction over civilians both because the defendant in this case is a non-citizen and because his offense took place during a “contingency operation.” This panel of experts—including the opposing counsel before CAAF in Ali—will debate the merits of the court’s decision and seek to assess its potentially significant implications going forward with regard to contractor liability, the future of military jurisdiction in general, and the power of the military over civilians in particular.

Here's the flyer

Here's the website

[JT]

September 7, 2012 in Conferences, Government Contracting, Law Schools | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 29, 2012

A Reminder from the AALS Section on Contracts

CALL FOR SUBMISSIONS

AALS Section on Contracts, 2013 Annual Meeting Program

AALS

The Executive Committee of the AALS Contracts Section solicits proposals for presentations at the Section’s Annual Meeting program, The Law of Contracts or Laws of Contracts?, to be held in New Orleans, Louisiana on Saturday, January 5, 2013.

             In The Path of the Law, Oliver Wendell Holmes wrote,

"There is a story of a Vermont justice of the peace before whom a suit was brought by one farmer against another for breaking a churn. The justice took time to consider, and then said that he had looked through the statutes and could find nothing about churns, and gave judgment for the defendant."

This story was meant to ridicule the Vermont justice, but he may have been ahead of his time.  This year’s Section Meeting will revisit perennial and fundamental questions about “contract law” as a legal rubric.  Is it preferable to analyze “contracts” as a category, or to disperse contracts into “churn–like” categories, such as sales, consumer protection, employment, family relations, intellectual property, securities, and so on?  To what extent does the experience of one type of contract justify generalizations about “contract law”? Conversely, what kinds of contracts implicate context-specific practices, markets, or policy concerns justifying specialized analysis and/or doctrine? 

The Section seeks three to five presentations that address these and related questions.  We welcome papers that address these questions broadly as well as those that more narrowly discuss the doctrinal, transactional, or policy characteristics of a specific contractual context.

Submissions:

Full-time faculty members of AALS member law schools are eligible to submit proposals.  Please e-mail an abstract or proposal (500 words or fewer) to section chair Thomas Joo (twjoo@ucdavis.edu) by 5:00 p.m. (Pacific Time) September 7, 2012.  Drafts and completed papers are welcome (though not required), but must be accompanied by an abstract.  Please indicate whether the paper has been published or accepted for publication (and if so, provide the anticipated or actual date of publication).  There is no publication requirement, but preference will be given to papers that will not have been published by the date of the Annual Meeting.

We particularly encourage submissions from contracts scholars who have been active in the field for ten years or less, especially those who are pre-tenured, as well as more senior scholars whose work may not be widely known to members of the Contracts Section.  We will give some preference to those who have not recently participated in the Section’s annual meeting program. 

Thank you for your consideration.  Please contact Thomas Joo or any other Executive Committee Member if you have any questions.

 

AALS Section on Contracts Executive Committee

Curtis Bridgeman

Danielle Hart

Thomas Joo (Chair)

Larry Garvin (Chair-Elect)

Emily Houh

Nancy Kim (Secretary)

[JT]

August 29, 2012 in Conferences | Permalink | TrackBack (0)

Monday, June 25, 2012

Call for Submissions for the 2013 AALS Annual Meeting

CALL FOR SUBMISSIONS 

AALS Section on Contracts, 2013 Annual Meeting Program

Aalslogo

The Executive Committee of the AALS Contracts Section solicits proposals for presentations at the Section’s Annual Meeting program, The Law of Contracts or Laws of Contracts?, to be held in New Orleans, Louisiana on Saturday, January 5, 2013.

             In The Path of the Law, Oliver Wendell Holmes wrote,

"There is a story of a Vermont justice of the peace before whom a suit was brought by one farmer against another for breaking a churn. The justice took time to consider, and then said that he had looked through the statutes and could find nothing about churns, and gave judgment for the defendant."

This story was meant to ridicule the Vermont justice, but he may have been ahead of his time.  This year’s Section Meeting will revisit perennial and fundamental questions about “contract law” as a legal rubric.  Is it preferable to analyze “contracts” as a category, or to disperse contracts into “churn–like” categories, such as sales, consumer protection, employment, family relations, intellectual property, securities, and so on?  To what extent does the experience of one type of contract justify generalizations about “contract law”? Conversely, what kinds of contracts implicate context-specific practices, markets, or policy concerns justifying specialized analysis and/or doctrine? 

The Section seeks three to five presentations that address these and related questions.  We welcome papers that address these questions broadly as well as those that more narrowly discuss the doctrinal, transactional, or policy characteristics of a specific contractual context.

Submissions:

Full-time faculty members of AALS member law schools are eligible to submit proposals.  Please e-mail an abstract or proposal (500 words or fewer) to section chair Thomas Joo (twjoo@ucdavis.edu) by 5:00 p.m. (Pacific Time) September 7, 2012.  Drafts and completed papers are welcome (though not required), but must be accompanied by an abstract.  Please indicate whether the paper has been published or accepted for publication (and if so, provide the anticipated or actual date of publication).  There is no publication requirement, but preference will be given to papers that will not have been published by the date of the Annual Meeting.

We particularly encourage submissions from contracts scholars who have been active in the field for ten years or less, especially those who are pre-tenured, as well as more senior scholars whose work may not be widely known to members of the Contracts Section.  We will give some preference to those who have not recently participated in the Section’s annual meeting program. 

Thank you for your consideration.  Please contact Thomas Joo or any other Executive Committee Member if you have any questions.

 

AALS Section on Contracts Executive Committee

Curtis Bridgeman

Danielle Hart

Thomas Joo (Chair)

Larry Garvin (Chair-Elect)

Emily Houh

Nancy Kim (Secretary)

[JT]

June 25, 2012 in Conferences | Permalink | TrackBack (0)

Thursday, April 12, 2012

The Trouble with Totten

Lincoln HeadAt the Spring Contracts Conference last month, I presented the contracts law portion of my article, Intolerable Abuses: Rendition for Torture and the State Secrets Privilege.  That article is now in print, 63 Alabama Law Review 429 (2012), but as the electronic version has not yet appeared on the Law Review website, you can get the draft version (which is substantively the same as the print version) on SSRN.

The portion that I presented at the conference, "The Trouble with Totten" is about an 1875 case brought by the estate of William Lloyd a Civil War spy. As I summarized the case previously:

In Totten, the administrator for the estate of William A. Lloyd brought a claim against the government, seeking to recover for the breach of an espionage contract.   He alleged that Lloyd had entered into an agreement with President Abraham Lincoln in which Lloyd infiltrated enemy territory during the Civil War in order to provide the U.S. Government with vital information relating to the military forces and fortifications of the Confederacy.   For these services, Lloyd was to be paid $200/month plus expenses.  Honest Abe allegedly paid Lloyd only expenses.  

Justice Field, writing in 1875, found that the subject matter of the contract was a secret and that both parties must have known at the time of their agreement that their lips would be “for ever sealed respecting the relation of either to the matter.”  In order to protect the public interest in having an effective arm of the government that could engage in secret services, the Court ruled that there could be no claim for breach of a secret contract because the existence of the contract was itself a secret that could not be disclosed.

I have subsequently learned more details about Mr. Lloyd's exploits on behalf of President Lincoln (he was Lincoln's personal spy) and about why President Lincoln stiffed him (Lincoln was dead by the time Lloyd returned from his assignment).  The source of the information is Douglas E. Markle's book, Spies and Spymasters of the Civil War.  The information provided in the book is also available online here.  Unfortunately, Mr. Markle's book contains a bibliography but no citation apparatus, so I cannot identify or further explore his sources.  A letter to his publisher went unanswered and I have no other contact information for him. 

As I would like to pursue the matter further -- I think the case would be a great subject for a Law Story -- I would appreciate any suggestions our readers might offer about how I might get further information about the life of William A. Lloyd, personal spy to Preisdent Lincoln.

[JT]

April 12, 2012 in Conferences, Famous Cases, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Thursday, April 5, 2012

University of Chicago to Host Conference on European Contract Law

The conference will be hosted by the Institute for Law and Economics and the University of Chicago Law School and held April 27-28, 2012. 

Here is a list of the participants and the topics of their presentaions.

Conference Program

UofC LawThomas Ackermann, Ludwig-Maximilians University, Munich
Public Supply of Optional Standardized Consumer Contracts: A Rationale for the Common European Sales Law?

Douglas Baird, University of Chicago Law School
Precontractual Disclosure and the European Sales Law

Omri Ben-Shahar, University of Chicago Law School, and Oren Bar-Gill, New York University Law School
Regulatory Techniques in Consumer Protection: A Critique of the Common European Sales Law

Lisa Bernstein, University of Chicago Law School
Custom and the CESL

Fabrizio Cafaggi, European University Institute, Florence
CESL and precontractual liability from a status to a transaction based approach

Horst Eidenmuller, University of Munich
What can be wrong with an Option? The proposal for an Optional Common European Sales Law

Richard Epstein, New York University Law School, Hoover Institution, University of Chicago Law School
Harmonization, Heterogeneity, and Regulation: Why the Common European Sales Law Should Be Scrapped

Fernando Gomez, Universidad Pompeu Fabra, Barcelona
Optional Law for Firms and Consumers: An Economic Analysis of Opting into the Common European Sales Law

Stefan Grundmann, Humboldt Universitat, Berlin
The Desirability of an Optional European Contract Law—and the Impact of a Particular Code Design on this Question

William Hubbard, University of Chicago Law School
Another Look at the Eurobarometer Contract Law Survey Data

Saul Levmore, University of Chicago Law School
Harmonization, Preferences, and Convergence

Ariel Porat, University of Chicago Law School and Tel Aviv Law School
Mistake under the Common European Sales Law

Eric Posner, University of Chicago Law School
The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition

Jan Smits, Maastricht University
Contract Law as Optional Law: On the Potential and Limits of Choice

Gerhard Wagner, Universitat Bonn
Buyers' Remedies under the CESL: Rejection, Rescission, and the Seller's Right to Cure

Simon Whittaker, Oxford University
Identifying Legal Costs of the Operation of the Common European Sales Law:  Legal Framework, Scope of the Uniform Law and National Judicial Evaluations

More details are available here.

[JT]

April 5, 2012 in Conferences | Permalink | TrackBack (0)