Wednesday, March 2, 2011
Cleveland State University Cleveland-Marshall College of Law’s Global Business Law Review proudly announces its 2nd Annual Symposium to be held on April 1, 2011. This year’s symposium is titled International Arbitration: Practice and Modern Developments and will feature internationally respected scholars and practitioners.
Joshua Fellenbaum, Associate, Mannheimer Swartling – Overview of Investment Arbitration
Ken Adamo, Partner, Jones Day – Overview of International Arbitration in an Intellectual Property Context
Mitchell L. Lathrop, Member, Mintz, Levin, Cohn, Ferris, Glovsky, & Popeo – Jurisdictional Issues in International Arbitration
George M. von Mehren, Partner, Squire, Sanders, & Dempsey – Is International Arbitration Becoming too American?
Thomas Carbonneau, Professor of Law, Penn State Dickinson School of Law – The Impact of Judicial Supervision on the Destiny of International Commercial Arbitration
While visiting the site, you are invited to view last year’s symposium edition and to check back later this spring for our upcoming edition.
Tuesday, February 22, 2011
Fortuitously, while I was in St. Petersburg blabbing about presenting on strategic default and the tension between morality and efficiency, the Miami Herald ran a long article "The Curse of Negative Home Equity." The article focuses on South Florida's housing "tailspin" and the temptation of strategic default. Here's a taste:
As more than $113 billion worth of home equity has vanished from South Florida’s housing market in the past five years, the number of homeowners with mortgages that are larger than the values of their properties has become enormous. More than 300,000 South Florida mortgages—or 43 percent of them—are currently underwater, the highest level in decades, if not ever. That’s about four times the number of homes in foreclosure.
The underwater problem has been a thorn in the side of a housing market plagued with tight credit, record-high foreclosures and high unemployment. It has contributed to a deluge of loan modification requests, pushed up the foreclosure rate and helped revive a once-taboo exit strategy—the strategic default.
You can read the rest of the article here.
[Meredith R. Miller]
The University of Dar es Salaam Business School in Tanzania has issued a call for papers for:
International Conference on Globalization and Development:
Developing Countries’ Perspectives
The conference will provide a forum for academicians and practitioners from all corners of the globe to critically address these issues with the aim of coming up with suggestions that will lead to solutions that can help to improve the lot of developing countries.The main theme of the conference is: Promoting Trade Competitiveness in Developing Countries.
Papers to be submitted can therefore focus on any of the following sub-themes:
- Domestic Market Integration
- Market access Conditions in Emerging Markets
- Export promotion in Developing Countries
- Export Supply and Competitiveness
- Natural Resources and Competitive Advantage
- Trade in Services and its Implications in Developing Countries
- Industrial and Trade Policies Complementarities in Developing Countries
- Foreign Direct Investments in Africa
- Chinese Investments in Africa
- Regional Economic Integrations
- SMEs Development and Foreign Trade Performance
- Aid for Trade and Development
- Agricultural Trade and Poverty Alleviation
- Other contemporary Issues on International Trade and Agreements
- Abstract Submission Deadline: May 15th, 2011
- Full Paper Submission Deadline: July 30th, 2011
- Deadline for registration: August 30th, 2011
- Conference dates: 22nd – 23rd September, 2011
University of Dar-es-Salaam Business School
P.O. Box 35046
Fax: +255 22 241 0510
More information is available here.
Saturday, February 19, 2011
It’s been an eventful twenty-four hours at the Sixth International Contracts Conference at Stetson University Law School filled with contracts theory, insightful presentations, and a triumph of the human will. The Professors embarked on a one hour boat tour, but ended up waylaid on the sandbar, rather like Prof. Bruno Zeller’s pants. In Telman-style, Profs. Nancy Ota (Albany) and Emily Houh (Cincinnati) came up with some limericks in order to celebrate the adventure:
Jamie Fox had planned for most folly.
But we boarded a boat
That could not stay afloat
How we wished we had taken a trolley.
Until the sand caused too much traction.
Nine jumped the boat.
Others hoped it would float
After which they would sue the captain.
Jamie Fox has good reason to gloat
A great conference plus a night on a boat.
Our gratitude unspoken
A reminder to find a deep moat.
[Meredith Miller / Miriam Cherry]
Friday, February 18, 2011
The first panel of the 6th International Conference on Contracts is off and running with Jean Braucher (Arizona), Carol Chomsky (Minnesota), Victor Goldberg (Columbia), and Bill Woodward (Temple) discussing some of conference honoree Stewart Macaulay's contracts and pedagogical scholarship, the insights and impact of Stewart's "law in action" casebook and related scholarship, including but not limited to the importance of contextualizing contracts, contract disputes, and contract law, and Stewart's personal impact on the contracts professoriate over the past 50 years.
More to come ...
[Keith A. Rowley]
Thursday, February 17, 2011
I'm hoping there's time between sessions for a dip in the law school swimming pool.
[Meredith R. Miller]
Monday, February 14, 2011
Washington and Lee University School of Law and the American Law Institute are pleased to sponsor a conference, Restitution Rollout: Restatement (Third) of Restitution and Unjust Enrichment, on February 25, 2011 in Lexington, Virginia.
The American Law Institute (ALI), the leading legal-reform organization in the United States, restates basic legal subjects to inform the legal profession what "the law" is in a particular subject. In 2010, the ALI approved the Restatement (Third) Restitution and Unjust Enrichment (2011), the subject of our Restitution Rollout.
Restatement Third restores the full title, Restitution and Unjust Enrichment, that appeared on the Tentative Drafts of the original Restatement but was dropped when the official text was published, thus emphasizing that the subject matter encompasses the independent body of law of unjust enrichment, and not simply the remedy of restitution.
At the conference, ALI Reporter Andrew Kull and ALI Director Lance Liebman will introduce the Restatement Third of Restitution. They will be joined by leading Restitution and Contracts scholars including Joe Perillo, Lionel Smith, Peter Linzer, and Caprice Roberts, among others.
Sponsored by the W&L Frances Lewis Law Center, the American Law Institute, and the W&L Law Review. CLE credit available.
For the full seminar agenda and biographies of the participants, you can click on the conference link above.
In honor of the 30th anniversary of the publication of Charles Fried's Contract as Promise, the Suffolk University Law School will be hosting a conference on March 25, 2011. Conference details, including a full agenda/schedule, are available here, From their website, here is the introduction:
ABOUT THE PROGRAM
In 1981, Professor Charles Fried published a book on contract theory entitled Contract as Promise. For almost thirty years, the book has been the seminal work on the moral or deontological justification for the state's enforcement of private promises. No scholarly discussion of the field can be complete without addressing its claims, whether one agrees or not with its original and provocative stand. Suffolk University Law School will mark the thirtieth anniversary of the book's publication with a day-long symposium. Distinguished contract theorists will offer papers and commentary, followed by reflections from Professor Fried. Participants presently scheduled include the Honorable Richard Posner, Randy Barnett, Barbara Fried, T.M. Scanlon, Jean Braucher, Richard Craswell, Jody Kraus, Carol Chomsky, Avery Katz, Henry Smith, Lisa Bernstein, Seana Shiffrin, Daniel Markovits, Juliet Kostritsky, John C.P. Goldberg, Rachel Arnow-Richman, Curtis Bridgeman, Nathan Oman, Roy Kreitner, Gregory Klass, and Robert Scott. This is an opportune moment to step back, review the alternative approaches to contract theory that have developed since 1981, and to offer views about future doctrinal or inter-disciplinary developments, whether based in moral philosophy, welfare economics, sociology, or other disciplines. The papers and proceedings will be published in a forthcoming issue of the Suffolk Law Review.
Thursday, February 10, 2011
The Wisconsin Contracts Group and the Wisconsin Law School announce a contracts conference to be held at Wisconsin Law School on October 21-22, 2011. The title of the conference is: Empirical and Lyrical: Revisiting the Contracts Scholarship of Stewart Macaulay. A website with details about the conference, including a brief description of paper topics, has been established. Sixteen papers will be presented at the conference, by the following scholars: David Campbell, Robert W. Gordon, Ethan Leib, Brian Bix, Jay Feinman, Gillian Hadfield, Claire Hill, Charles Knapp, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, D. Gordon Smith, Josh Whitford and Li-Wen Lin, John Wightman and William Woodward. The conference will conclude with a banquet on Saturday, October 22, at which Stewart Macaulay will give a talk.
All faculty and academic staff at any university are welcome to attend. There is no conference fee. Pre-registration is required for the conference and for the conference banquet. For more information, see the website linked above. Questions about registration, etc., should be directed to Pam Hollenhorst, Conference Coordinator, at email@example.com. Other questions about the conference should be directed to Bill Whitford, at firstname.lastname@example.org.
Wednesday, February 2, 2011
ANNOUNCEMENT AND CALL FOR PAPERS
Amended Article Two: Reversing the Curse?
The uniform law for sales of goods in the United States has not been substantially amended since 1951. The U.S. Constitution, during that time, has been amended five times.
After an attempt at a full-scale UCC Article Two revision ended in the mid-1990s, the American Law Institute and the National Conference of Commissioners on Uniform State Laws organized a more modest effort to amend Article Two. This effort ended with the promulgation of Amended Article Two in 2003. The amendments provided for electronic transactions, updated the statute of frauds, addressed the battle of the forms, revised some consumer protection provisions, and repealed archaic shipping terms. Few would quarrel with the need for such amendments, but Amended Article Two has not been enacted in any state.
Will it be? Could it be re-packaged and resold (in a commercially reasonable manner)? If not, why not? What does this mean for future amendments to Article Two?
To address these questions, a group of scholars, practitioners, and interested observers both for and against Amended Article Two's passage will convene at the South Texas College of Law in Houston, Texas, on April 8, 2011, at 9 am, for a one-day conference. Committed participants include
•Henry Gabriel, Professor of Law at Elon University School of Law and Reporter for Amended Article Two;
•Larry Garvin, Lawrence D. Stanley Professor of Law at the Ohio State University College of Law;
•Holly Towle, Partner at K&L Gates in Seattle, Washington; and
•Scott Burnham, Frederick N. & Barbara T. Curley Professor at Gonzaga University School of Law and conference co-organizer.
Contributions to the conference will be published in the South Texas Law Review, with an introduction by Fred Miller, Professor Emeritus at the University of Oklahoma School of Law.
Of course, all interested are invited to attend. Inquiries related to the conference should be made to Val Ricks at email@example.com.
Thursday, January 20, 2011
The Florida State University College of Law will host a "Symposium on Civil Recourse Theory" on February 11-12 in Tallahassee. Civil Recourse Theory (CRT) is hot new theory in the private law area, and FSU has lined up an impressive panel of speakers. Here's the sitch:
Civil recourse theory is an account of private law (property, contract and especially tort) according to which the primary purpose of private law is to empower victims to confront publicly those who have wronged them and enlist the state’s help in addressing those wrongs. This event brings together some of the world’s top scholars in private law to discuss this emerging area of legal philosophy.
The proceedings will be published in the FSU Law Review. Attendance at the conference in free. And even better (if you've blown your travel budget) is that the school will provide live streaming video of the whole bean feed. Full details here.
If you're not familiar with CRT, a good introduction from a contract law perspective is Nate Oman's (Wm. & Mary) Consent to Retaliation: A Civil Recourse Theory of Contractual Liability.
FGS (via Curtis Bridgeman)
Thursday, January 13, 2011
"What do we want?"
"When do we want 'em?"
Were I in Valparaiso, where I have trained my first-year students to initiate this chant at the beginning of every Civil Procedure and Criminal Law class, I would not be surprised. But in San Francisco?
At first, I thought it was the union workers outside of the San Francisco Hilton, but upon closer inspection, I noticed that most of the people carrying signs and chanting were wearing their AALS badges. And given that a session of the AALS conference had just let out, I can only conclude that what they meant was something like, "We are not satisfied with the three hours of contracts law discussion hosted by the AALS Section on Contracts yesterday. Enough of these other sessions that don't interest us. We want more contracts sessions!"
Fortunately, there is a solution. As we mentioned before, Stetson University College of Law and Texas Wesleyan School of Law are co-sponsoring the 6th Annual International Conference on Contracts, February 18 and 19, 2011, at Stetson’s beautiful campus in Gulfport, Fla. Similar to previous contracts conferences held at UNLV, McGeorge, South Texas, Texas Wesleyan, and Gloucester, England, this conference is designed to offer scholars and teachers at all experience levels an opportunity to present and discuss recently-published papers, forthcoming papers, works-in-progress, and pedagogical innovations, and to network with colleagues from the U.S and around the globe.
You can register for the conference here.
But here's the deal: those planning on attending need to reserve a hotel room by January 18th. Otherwise, the Tradewinds will release the rooms and you won't be guaranteed a place to stay. Of course, there are other options nearby.
Thursday, January 6, 2011
As many readers of this blog already know, many of us are currently in San Francisco attending the annual meeting of our bricks and mortar mother ship, the Association of American Law Schools. That meeting has been the subject of some controversy this year, as its official home is San Francisco's Hilton Union Square Hotel, which has been the subject of a union-organized boycott for over a year now.
Unfortunately, this is not the sort of situation that lends itself to neutrality. The workers are encouraging consumers to boycott the affected hotels rather than striking. Consumers thus choose whether to side with management or with the union by booking at the Hilton or booking elsewhere. And the union faces a challenge because without a strike and picket lines, boycotted hotels look pretty much like other hotels. You would not know when you walked by or entered the hotel that it is the subject of a labor dispute. Information about the boycott can be found here.
The AALS is caught in the middle, as it made its contractual commitment to the Hilton long before the boycott began and apparently could not back out without incurring very high costs. The AALS's leadership set forth their reasoning for not cancelling or relocating here. Subsequently, the vast majority of section organizers determined that their sessions will be held elsewhere, including two very exciting sessions organized by the Contracts section, as detailed in Keith's post below. I believe that our other regular bloggers will be in attendance, and we would all welcome the opportunity to meet with our readers and discuss ways to improve the blog.
Thursday, December 30, 2010
Speaking of next week's AALS annual meeting, please plan to attend the Contracts Section's annual meeting program, Navigating Lombard Street in a Fog: Seeking (or Ignoring) Landmarks of Intent and Context, next Thursday, January 6th, from 2:00 to 5:00 p.m., in the Divisadero Room, Second Floor Level, Parc 55 Wyndham San Francisco Union Square.
The program will consist of two roundtables, during and after which we hope to elicit audience comments and questions. A brief business meeting will follow the program's conclusion.
Intent to Contract and to be Bound by Specific Terms
Thomas W. Joo (UC-Davis), Moderator
Gregory M. Klass (Georgetown), Intent to Contract in Theory and Practice
Qi (George) Zhou (Sheffield), The Use of Implied Intention in English Contract Law
Tal Kastner (J.D., Yale; Ph.D. candidate (English), Princeton), The Persisting Ideal of Agreement in an Age of Boilerplate
Nancy S. Kim (California Western, visiting at Ohio State), Three Faces of Intent in Contract Formation
Jarrod Wong (U. of Pacific/McGeorge), Class Arbitration Waivers: A Case Study of Constructive Intent and the Limits of a Consent-Based Theory of Contract Law
Intended Meaning (and Effect) of "Agreed" Terms
Keith A. Rowley (UNLV), Moderator
Peter Linzer (Houston), The Problem with Plain Meaning and the Distinction Between Actual Intent in Contract Interpretation and Originalism in Constitutional Interpretation
Steven J. Burton (Iowa), Context, Plain Meaning, and the Objective Theory of Contract Interpretation
Adam B. Badawi (Washington U.), Interpretive Preferences and the Limits of the New Formalism
Michelle E. Boardman (George Mason), Insuring Understanding: The Tested Language Defense
Thursday, December 23, 2010
Stetson University College of Law and Texas Wesleyan School of Law are co-sponsoring the 6th Annual International Conference on Contracts, February 18 and 19, 2011, at Stetson’s beautiful campus in Gulfport, Fla. Similar to previous contracts conferences held at UNLV, McGeorge, South Texas, Texas Wesleyan, and Gloucester, England, this conference is designed to offer scholars and teachers at all experience levels an opportunity to present and discuss recently-published papers, forthcoming papers, works-in-progress, and pedagogical innovations, and to network with colleagues from the U.S and around the globe.
You can register for the conference here.
Thursday, December 16, 2010
Jeffrey Lipshaw has assembled an impressive roster of speaker for the March 25 symposium at Suffolk: "Contract as Promise at 30: The Future of Contract Theory." He provides this synopsis of the program:
Friday, December 3, 2010
The Executive Committee of the AALS Contracts Section solicits proposals for the Section’s Annual Meeting program Navigating Lombard Street in a Fog: Seeking (or Ignoring) Landmarks of Intent and Context, scheduled for Thursday, January 6, 2011 from 2:00 to 5:00 p.m.
The Topic: Consent supposedly distinguishes contracts from other private or public rights and duties by requiring that each contracting party manifest its intent, at the time it enters into the contract, to be bound to the contract. This program will explore:
♥ whether intent – objectively manifested or otherwise – is or should be an integral part of contemporary contract law, practice, and theory;
♥ the extent to which context affects or should affect a party’s ability to consent, the significance of its manifested consent, or both; and
♥ assuming that intent and context matter, how best to determine and give effect to the parties’ intent in the context of their transaction.
We are particularly interested in fostering discussion of (1) intent to be bound, (2) intent to be bound to specific terms, (3) the intended meaning of agreed terms, (4) intended circumstances under which a party may avoid or delay performing their duties, and (5) intended remedies available or foreclosed if a party does not perform as agreed under circumstances that neither invite nor allow avoidance or delay.
The Program: Inspired by last year’s lively roundtable discussion of pedagogical approaches and by a fairly robust body of recent scholarship relevant to our topic, and paying homage to the increasingly rare, but fondly remembered, two-semester Contracts course, we seek speakers for two (or more) discussion panels, which the planning subcommittee will organize topically. We have secured a 180-minute time slot, which should facilitate a broader, more diverse, and more participatory discussion than the typical 100-minute AALS program permits.
Publication: While we hope that this program will ignite or further fuel already-burning scholarly interest across its broad scope, we do not require an original paper proposal and have not pre-arranged publication of any papers discussed at or arising from the program (although we may explore publishing a program transcript if we can find a suitable venue and all of the speakers consent).
Submitting a Proposal: If you would like to participate as a panelist, please contact program chair Keith Rowley (firstname.lastname@example.org), no later than 12:00 p.m. PST, Monday, December 6th, indicating the aspect(s) of the topic that most interest(s) you; from what perspective(s) you propose to discuss it/them; if applicable, the scholarly work – yours or someone else’s, published or in progress – you plan to draw upon; and how best to contact you between now and December 10. While the program planning subcommittee will reserve some spots for submissions received by the foregoing deadline (and may consider late proposals), we will begin to review proposals as we receive them and may begin extending offers as early as Monday, November 29th.
We apologize for the short notice, but hope to capitalize on it by attracting participants who might have been unwilling or unable to commit themselves in September or early October or who, like some of us, were stymied by the ongoing labor strife at the AALS headquarters hotel. We are meeting; we are meeting elsewhere; and we ask that you help make this a well-attended, informative, and interactive program.
Thank you for your consideration.
[Keith A. Rowley]
Wednesday, November 10, 2010
Our beloved Mother Ship, the Association of American Law Schools, has announced that Elwood Gordon Gee, the President of Ohio State University, will be a featured speaker at the group's annual barn raising and bean feed, which will take place this year in San Francisco. Gee, who holds the U.S. record for most university presidencies (West Virginia, Colorado, Ohio State, Brown, Vanderbilt, and Ohio State again) is said to be the highest-paid public university president in the country, at over $800,000 a year. (Left, Gee with OSU's homecoming queen and king.)
He might have some interesting things to say, since he's been battling to cut costs at OSU, where he's been working to evade costly government regulations and bring more commercial practices to the school. In a recent piece in the OSU student newspaper, Gee says he found that OSU deals annually with about 35,000 vendors, or about 34,000 more than Ford Motor Co. (more vendors mean much more paperwork and administrative time), and argues that burdensome construction regulations drive up costs unnecessarily.
Those processes are not the only forces hindering OSU's productivity. Government regulations on construction are another hurdle the university must jump.
OSU received permission for ProjectONE, the $1 billion renovation and expansion of the OSU Medical Center, to be exempt from those regulations, Gee said.
"Because of this, we stand to save at the very least 15 percent in total expenditures and will be able to complete the project much more quickly," he said.
Gee said ProjectONE demonstrates the savings and improved productivity afforded to institutions that are free from external control.
People in the private sector make those claims all the time. It's interesting to see these points raised by a man who's been running nonprofit institutions since I was in law school.
P.S. One alternative Columbus paper says it has a list of vendors the university wants to cut off, and one of the is the Order of the Coif.
Monday, October 25, 2010
The Stetson University College of Law will host the 6th Annual International Conference on Contracts, February 18th and 19th, 2011, at Stetson’s beautiful campus in Gulfport, Florida. Similar to prior contracts conferences held at UNLV, McGeorge, South Texas, Texas Wesleyan, and Gloucester, England, this conference is designed to afford scholars and teachers at all experience levels an opportunity to present and discuss recently-published papers, forthcoming papers, works-in-progress, and pedagogical innovations, and to network with colleagues from the U.S and around the globe.
Call for Papers and Panels: We invite paper, presentation, and panel proposals exploring any aspect of contract law, theory, and policy (full panel proposals, with topics and participants, are especially welcome). The topic range is intentionally broad to allow for the fullest exploration of things contractual. Past programs have included panels on “traditional” contracts topics (e.g. remedies, formation, and defenses) and on contract-related subjects (insurance, consumer law, commercial law, dispute resolution, family law, and restitution). Papers have also included a variety of perspectives on law, from law-and-economics (behavioral and neo-classical), to international and comparative contracting, to historical, jurisprudential, empirical, institutional, and many other perspectives. We also solicit volunteers to serve as moderators or discussants for panels that are not "packaged deals." Proposals are due by December 15th.
The conference hotel will be the Tradewinds Resort in nearby St. Pete Beach. A block of rooms is reserved for the conference, with rates starting at $159 (suites and other rooms are available for somewhat higher rate); just ask for the Stetson College of Law Contracts Conference when making your reservation. The Tradewinds is a great location for families and the conference rate applies through the weekend if people want to stay and enjoy the Florida sun. The hotel phone number is 800-360-4016, and the webpage is http://www.tradewindsresort.com.
We are finalizing conference registration details and the web registration process, and will follow up shortly with the link to the conference webpage. We expect the registration cost will be about $200.
All paper, panel, and presentation proposals should be sent to Jamie Fox by email at fox [at] law [dot] stetson [dot] edu or by land to Stetson University College of Law, 1401 Gulfport, FL 33707.
Hope to see you there!
[Meredith R. Miller]
Fiduciary duties are imposed by law, but their scope is defined by contract. The border between duties assumed by agreement and those imposed by law can get fuzzy. Few legal writers have spent more time exploring the concept of trust -- the basis for fiduciary duties -- than Boston University's Tamar Frankel (left). BU will host a conference "inspired by" her work, "The Role of Fiduciary Law and Trust in the 21st Century." It takes place this Friday (October 29, 2010). Here's the description:
Fiduciary law is designed to encourage people to rely on experts and other fiduciaries, to facilitate fair and efficient terms of those relationships, and to prevent (and provide remedies for) abuse of power entrusted to the fiduciary. This Conference highlights the nature and scope of fiduciary law, and its relationship to other legal doctrines and categories. It considers how fiduciary law can be illuminated by viewing it through the lens of such disciplines as economics, psychology, history, political science, and philosophy. It also investigates current debates about recognizing fiduciary duties in the determination of executive compensation, in the prohibition of insider trading under the federal securities laws, in the largely unregulated world of securities and mortgage broker-dealers, and in modern capital structure and governance. It further explores the relevance of fiduciary law principles to the abuse of power by public officials and to other issues of democratic legitimacy, as well as the relevance of constraints on political power to the duties of private actors.
Panelists include Margaret Brinig (Notre Dame), Deborah DeMott (Duke), Alan Feld (Boston U.), Joshua Getzler (Oxford), Wendy Gordon (Boston U.), Richard Holton (MIT–Philosophy), Laurence Kotlikoff (Boston U.-Economics), Arthur Laby (Rutgers-Camden), Donald Langevoort (Georgetown), Ethan Leib (UC-Hastings), Donna Nagy (Indiana-Bloomington), Kevin Outterson (Boston U.), James Post (Boston U.-Management), Larry Ribstein (Illinois), David Seipp (Boston U.), Kenneth W. Simons, (Boston U.), Eric Sirri (Babson-Finance), Robert Sitkoff (Harvard), Frederick Tung (Boston U.), Cheryl Wade (St. John's), David Walker (Boston U.), and Charles Whitehead (Cornell).