ContractsProf Blog

AALS: What I Really Hate About Commercial Law

The AALS Contracts Section's program is, as we've mentioned before, scheduled for Saturday, January 7, 2006.  But there's a great warm-up planned for Friday, when our sister Section on Commercial and Related Consumer Law presents Commercial Calamities.  An A-list of commercial law scholars -- most of them also active Contracts Section members -- will present the Dark Side of Commercial Law.

Three papers are particularly interesting to Contracts folks.  Victor Goldberg (Columbia) will tee off on Wood v. Lucy, Lady Duff Gordon. and its unfortunate effect on UCC 2-306.  Bob Hillman (Cornell) will take a 9-iron and work over UCC 2-209 (the one on modification, rescission, and waiver), an "example of both substantive chaos and drafting disaster."  Bob Scott (Virginia) will take on that casebook staple, Hoffman v. Red Owl.  Also on tap are Amy Boss (Temple) and Jim White (Michigan).  Larry Garvin (Ohio State) will moderate.  Here's the official description.

Despite, or perhaps because of, the brilliance of its framers and the interests of its users, commercial law has at least its share of errors, omissions, archaisms, peculiarities, and downright stupidities. Our session is devoted to airing our favorite annoyances about commercial law, ranging from problems with specific provisions to problems with structure and form. Our aim here is not to be particularly constructive but rather to be interestingly critical, though in the course of criticism doubtless some hints toward improvement will emerge.

Today’s panelists are drawn from a larger group whose accumulated grievances will be collected in a symposium to be published in the Ohio State Law Journal. Each participant will present a pet peeve, with plenty of time for Section members to add their own (or, at whatever peril, to defend a cherished doctrine or structure against the attacks of others).

The session is scheduled for 1:30 to 3:15.  The Section business meeting will take place at the conclusion.

[Frank Snyder]

Contracts Subject of Transactional Panel

There are some things of interest to Contracts profs (besides our own annual session) at the AALS Annual Meeting, slated for January 3-7, 2006, at the Marriott Wardman Park in D.C.  On Wednesday, January 4, there's a program on transational law.  Breakout panels include two sessions on Contracts -- Aribtation, Comparative Concepts (Remedies).  Speakers will include Janet Levit (Tulsa), Hannah L. Buxbaum (Indiana-Bloomington). William S. Dodge (Cal-Hastings), Ruth E. Gordon (Villanova), Andrea K. Bjorklund (Cal-Davis), David V. Snyder (Tulane), and Kellye Y. Testy (Seattle).

[Frank Snyder]

Cyberspace Fete Slated

The ABA Cyberspace Law Committee's Winter Working Meeting will take place at the offices of Potter Anderson & Corroon LLP in Wilmington, Delaware, on Friday and Saturday, January 27-28, 2006.  The group historically has been involved in some interesting and important project, and they're always interested in getting more academics involved.  According to the organizers:

The Winter Working Meeting attracts Internet and technology lawyers from around North America. If you have not attended the Committee's "WWM" in the past, it is not to be missed -- this is where we roll up our sleeves and get some real work done with our colleagues without a heavy schedule of Section and Association gatherings. We especially encourage everyone who has joined the Cyberspace Law Committee this year to attend the Winter Working Meeting.
A block of rooms at the Hotel DuPont will be available at a discounted rate. Hotel reservations must be made by January 5, 2006 to take advantage of the ABA group rate. The Committee will also hold its traditional Friday evening dinner, which is always great fun and a good opportunity to connect with Committee members and guests. The deadline to register for the meeting and dinner is January 13, 2006.

To find out about membership, and to sign up for the meeting, you can visit the Committee Web Site.

E-Contracts group to meet at ABA

The ABA Cyberspace Law Committee’s Working Group on Electronic Contracting Practices is inviting those interested in, well, Electronic Contracting Practices, to join them at the Annual Meeting in Chicago this week. The ABA Annual Meeting starts Thursday, August 4, and the Committee meeting will be Sunday, August 7, at 3:30.  Details are here.  The rest of the interesting stuff going on at the meeting is available from the ABA Cyberspace Law Committee Blog.

Forum on Franchising set for October

This Sunday, July 31, is the deadline for Early Bird registration at the ABA's 28th Annual Forum on Franchising, which will be held October 19-21, 2005, in Orlando.  Click on "continue reading" for the conference details.

DON'T MISS THE EARLY BIRD DEADLINE!
Register by July 31 and save $70
on your program fees.

                       Bridging the Divide:
     The 28th Annual Forum on Franchising
                      October 19 - 21, 2005
           JW Marriott Grande Lakes Resort
                              Orlando, FL

This year's program will offer an unprecedented variety of educational options covering almost every franchise law topic "under the sun."

Three intensive afternoon programs on Wednesday, including the Fundamentals of Franchising program - essential for newcomers and those seeking a refresher on franchise law issues

Two plenary sessions, including a presentation on the proposed changes to the FTC Rule, as well as the signature event of every program, the Annual Franchise and Distribution Law Update

Forty-eight workshops on twenty-four different topics such as arbitration, noncompetition covenants, electronic discovery, and advanced issues under the proposed FTC rule

Fun-filled networking events for attendees and their families - including our very own private show with Shamu at Sea World, a dinner reception at Universal's City Jazz Club, spouse/family tour to Kennedy Space Center, and golf

The Corporate Counsel Division and the Women's Caucus are not only sponsoring their traditional breakfasts, but a community service event at Give Kids the World Village as well

Fun, friends and franchising - that's what we can all expect at the 28th Annual Forum on Franchising in Orlando. Register today at www.abanet.org/forums/franchising/annual_meeting/

Deadline for ABA is today

Today (Friday) is the deadline for advance registration for the American Bar Association Annual Meeting in Chicago, August 4-9. The lead speakers (Justice Stevens, Justice Ginsburg, Attorney General Gonzalez, and Senator Clinton) aren’t likely to talk much about contracts issues, but the Business Law Section has lots of good program. Registration is here.

If you're going to be in the Windy City, remember that Thursday night, Aug. 4, is the Birthday Bash at Buddy Guy’s Legends, one of the world’s great blues clubs.  In celebration, from Lonnie Johnson's Chicago Blues:

Chicago's all right to visit,
But please don't hang around.
You'll find the cool chicks and high slicks
And, boy, all those mellow fellows.
But when your bankroll is gone,
You're just another chump
That's dropped into town.

My first night in Chicago,
My friends really treated me fine.
Then overnight they all changed,
Like Daylight Savings Time.
And everything I wanted
I had to lay my money down on the line.

Big E-Commerce stuff slated for Chicago

The ABA's Cyberspace Law Committee is planning a big meeting at the ABA annual summer bean feed, scheduled for this for August 4-9 in year in Chicago.  The Committee -- a bunch of the nicest and most welcoming folks you're likely to work with -- is always drumming for more members, particularly law school professors and scholars interested in aspects of e-commerce, whether doctrinal, theoretical, or technical.  And they're always happy to let you crash their committee meetings to see if you're interested.

Click on the "read more" link for Chair Vince Polley's invitation and outline of the festivities.   Click here to register.  Tomorrow, July 7, is the last day to submit reservations to ensure you get to attend the semi-legendary Cyberspace Dinner!

             CYBERSPACE LAW COMMITTEE
                         ANNUAL MEETING

Once again this year, developments in law (e.g., the Grokster decision) and technology will make for a full and varied agenda for the Cyberspace Law Committee at the 2005 ABA Annual Meeting.  The Annual Meeting will be held August 4 9 in Chicago.  Cyberspace meetings and programs begin on Friday, August 5.

We will have our traditional Committee dinner on Saturday, August 6th, when we plan to present the third ABA Cyberspace Law Excellence Award (details below).  As always, there are also a myriad of projects that could use more volunteers, as well as opportunities to launch new projects where Committee members share common interests.

                            A. CLE Programs

The Cyberspace Committee will sponsor or co sponsor seven CLE programs in Chicago.  All CLE programs presented by Cyberspace will be held in the Westin Michigan Avenue.  Two of the co-sponsored programs (as noted below) will be held the Drake Hotel.

1. Friday, August 5 – 10:00 a.m. – 12:00 p.m.
Outsourcing:  Doing It Right the First Time and Every Time
Governor’s Suite, 3rd Floor
Program Chair:  Steven N. Hollman
Presented by the Technology Committee
Co Sponsored by the Cyberspace Law Committee

2. Saturday, August 6 – 8:30 a.m.** – 10:00 a.m.
Committee Forum:  Hot Topics in Cyberspace
Consort Room, 16th Floor
Forum Co Chairs:  Candace M. Jones and John B. Lunseth, II
Presented by the Cyberspace Law Committee

**NOTE:  The Committee Forum will begin at approximately 8:30 a.m. (during the time scheduled for the full Committee Meeting in the same location).  The Section Program materials list the official 9:00 a.m. start time.

3. Saturday, August 6 – 10:30 a.m. – 12:30 p.m.
Information Security and Dealing with Security Breaches
Cotillion Ballroom North & South, 2nd Floor
Program Chair:  Joan P. Warrington
Presented by the Consumer Financial Services Committee
Co Sponsored by the Committee on Banking Law and the Cyberspace Law Committee

4. Saturday, August 6 – 2:30 p.m. – 4:30 p.m.
Data Governance for Company Directors
Wellington Ballroom Two, 2nd Floor
Program Co Chairs:  Roland Trope and Michael Power
Presented by the Cyberspace Law Committee

5. Sunday, August 7 – 8:00 a.m. – 10:00 a.m.
Protecting Organizations’ Intellectual Property and Confidential Data in Outsourcing Transactions
The Drake Hotel,
Michigan Room, West Mezzanine
Program Chair:  Patrick J. Whalen
Presented by the Intellectual Property Committee
Co Sponsored by the Cyberspace Law Committee

6. Sunday, August 7 – 2:30 p.m. – 4:30 p.m.
RickEContracts:  How On Line Consumer Contracts are Treated in Foreign Jurisdictions
Wellington Ballroom Two, 2nd Floor
Program Co Chairs:  John Gregory and Don Clifford
Presented by the Cyberspace Law Committee

7. Monday, August 8 – 2:30 p.m. – 4:30 p.m.
The Wonderful – And No Longer Exotic – World of Electronic Payment
The Drake Hotel
Drake Room, Upper Level
Program Chair:  Martin Fingerhut
Presented by the Developments in Business Financing Committee
Co-Sponsored by the Cyberspace Law Committee

                        B. Other Meetings and Items

1. Full Committee Meeting and Hot Topics.  In addition to the CLE programs, a meeting for the full membership of the Committee will be held on Saturday morning beginning at 8:00 a.m. in the Consort Room, 16th Floor.  We will end the Committee business segment of the meeting at approximately 8:30 so that we have extra time for the Committee Forum.  The Forum will be an expanded version of our Hot Topics presentations which will cover the “malware,” recent cases affecting e-evidence, e-commerce patents, Internet governance talks at the U.N. and the Supreme Court’s recent decision in Grokster.

2. Leadership Meeting.  A meeting for the leadership of the Committee will be held on Monday afternoon from 2:00 p.m. – 3:00 p.m. in the Huron Room (3rd Floor) of the Westin Michigan Avenue.

3. Subcommittee Forum.  The Connectivity, Storage and Computing Infrastructure Subcommittee will hold a Subcommittee Forum during its meeting on Friday, August 5 from 3:00 p.m. – 4:00 p.m.  David Satola, Senior Legal Advisor to the U.N. Working Group on Internet Governance, will give an insider’s report about the work of WGIG to date and its likely recommendations to the U.N. World Summit on Information Society to be held in November 2005.

4. List of Meetings.  Subcommittee, Working Group and Task Force meetings are also planned from Friday afternoon through Monday.  [A complete chronological list of the various meetings is below.]

                           C. Cyberspace Dinner

This year, the Cyberspace Committee dinner will be held Saturday, August 6, beginning at 7:30 p.m.  Dinner is scheduled to allow meeting participants to attend the Business Law Section reception at 6:00 p.m. at the Drake Hotel.  The Committee dinner will be held at Wildfire Restaurant at 159 W. Erie Street.  For more information about Wildfire, visit the restaurant’s Website.

The Committee dinner will also feature (for the third time) presentation of the ABA Cyberspace Law Excellence Award.  The recipient of this year’s Award is Marc Rotenberg, Executive Director of EPIC (the Electronic Privacy Information Center).

Our dinner this year is sponsored by Gordon & Glickson, a premier Chicago law firm celebrating 25 years of specialized IT law.  With the generous support of Gordon & Glickson, we are able to offer dinner at a cost of $50 per person (continuing our tradition of the lowest cost, purest-fun of all the Section’s Committee dinners!).  Please join us for a great dinner and some of the best company and conversation conceivable.

It is important that you register for the Committee dinner no later than Thursday, July 7, 2005, You may complete and return to the ABA the reservation form (attached as the last page of this letter) or register online at http://www.abanet.org/annual/2005.  There is no guaranty that tickets will be available on site at the meeting.  If you miss the registration deadline, however, you may be able to purchase tickets on site at the Business Law Section satellite registration desk in the Drake Hotel.

As always, we welcome your participation in the many Subcommittee and Working Group projects.  I’m sure you will find several projects interesting and relevant to your practice.  As you plan your schedule, you may also want to take a few minutes to visit the area of the ABA Website concerning the Annual Meeting at http://www.abanet.org/annual/2005. From there you can download registration forms, hotel information, a complete brochure and meeting schedule for all CLE programs.  If you plan to attend the Annual Meeting and have not yet registered, I urge you to do so soon.

We look forward to seeing you in Chicago

Vince Polley
Cyberspace Law Committee Chair
Email Vince

          CYBERSPACE LAW COMMITTEE MEETINGS AND PROGRAM
                           2005 ANNUAL MEETING – CHICAGO
                                      As of June 27, 2005

Except as noted, all CLE programs and Committee/Subcommittee meetings will be held at the Westin Michigan Avenue.

Friday, August 5, 2005

10:00 a.m.-
12:00 p.m.
Program:  Outsourcing:  Doing it Right the First Time and Every Time
Westin Michigan Avenue
Governor’s Suite, 3rd Floor

1:00 p.m. –
2:00 p.m. Working Group on Electronic Evidence
Westin Michigan Avenue
Windsor Room, 2nd Floor

2:00 p.m. –
3:00 p.m. Electronic Payment Systems Working Group
Westin Michigan Avenue
Windsor Room, 2nd Floor

3:00 p.m. -
4:00 p.m. Connectivity, Storage and Computing Infrastructure Subcommittee
Westin Michigan Avenue
Windsor Room, 2nd Floor
**Subcommittee Forum:  Internet Governance

4:00 p.m. –
5:00 p.m. International Policy Working Group
Westin Michigan Avenue
Windsor Room, 2nd Floor

Saturday, August 6, 2005

8:00 a.m. –
9:00 a.m. Cyberspace Law Committee
Westin Michigan Avenue
Consort Room, 16th Floor
**Committee Forum will begin at approximately 8:30 a.m.

9:00 a.m. -
10:00 a.m. Committee Forum:  Hot Topics in Cyberspace
Westin Michigan Avenue
Consort Room, 16th Floor

10:00 a.m. –
11:00 a.m. Internet Jurisdiction and Global E Commerce Subcommittee
Westin Michigan Avenue
Consulate Room One, 2nd Floor

10:30 a.m.-
12:30 p.m.
Program:  Information Security and Dealing with Security Breaches
Westin Michigan Avenue
Cotillion Ballroom North & South, 2nd Floor
Presented by the Consumer Financial Services Committee

10:00 a.m. –
11:00 a.m. Transferability of Electronic Financial Assets Joint Working Group
Westin Michigan Avenue
Windsor Room, 2nd Floor

11:00 a.m. –
12:00 p.m. Working Group on Consumer Protection
Westin Michigan Avenue
Michigan Room, 3rd Floor

1:00 p.m. –
2:00 p.m. Electronic Commerce Subcommittee
Westin Michigan Avenue
Michigan Room, 3rd Floor

2:30 p.m. –
4:30 p.m. Program:  Data Governance for Company Directors
Westin Michigan Avenue
Wellington Ballroom Two, 2nd Floor

Sunday, August 7, 2005

8:00 a.m. –
9:00 a.m. Intellectual Property Subcommittee
Westin Michigan Avenue
Huron Room, 3rd Floor

8:00 a.m.-
10:00 a.m.
Program:  Protection Organizations’ Intellectual Property and Confidential Data in Outsourcing Transactions
The Drake Hotel
Michigan Room, West Mezzanine

8:00 a.m. –
10:00 a.m. Joint Privacy Task Force
Westin Michigan Avenue
Wellington Ballroom One, 2nd Floor

9:00 a.m. –
10:00 a.m. Programs and Publications
Westin Michigan Avenue
Consort Room, 16th Floor

1:00 p.m. –
2:00 p.m. Electronic Financial Services Subcommittee
Westin Michigan Avenue
Michigan Room, 3rd Floor

1:30 p.m. –
2:30 p.m. Privacy, Security & Data Management Subcommittee (formerly, the Task Force on Cyberspace and Privacy)
Westin Michigan Avenue
Ontario Room, 3rd Floor

2:30 p.m. –
4:30 p.m. Program:  RiskEContracts:  How On Line Consumer Contracts are Treated in Foreign Jurisdictions
Westin Michigan Avenue
Wellington Ballroom Two, 2nd Floor

4:30 p.m. –
5:30 p.m. Electronic Contracting Practices Joint Working Group
Westin Michigan Avenue
Windsor Room, 2nd Floor

Monday, August 8, 2005

8:00 a.m. –
9:00 a.m. Internet Law Subcommittee
Westin Michigan Avenue
Consulate Room One, 2nd Floor

8:00 a.m. –
9:00 a.m. Model Trading Partner Agreements Joint Working Group
Westin Michigan Avenue
Ontario Room, 3rd Floor

9:00 a.m. –
10:00 a.m. Malware Working Group (formerly, the SPAM and Unsolicited Electronic Marketing Working Group)
Westin Michigan Avenue
Consulate Room One, 2nd Floor

10:00 a.m. –
11:00 a.m. Corporate Aspects of Information Technology
Westin Michigan Avenue
Regent Room One, 3rd Floor

1:00 p.m. –
2:00 p.m. Task Force on Safeselling Project
Westin Michigan Avenue
Consulate Room One, 2nd Floor

2:00 p.m. –
3:00 p.m. Meeting of Subcommittee and Working Group Chairs and Administrative
Westin Michigan Avenue
Huron Room, 3rd Floor

2:30 p.m. –
4:30 p.m. Program:  The Wonderful – And No Longer Exotic – World of Electronic Payment
The Drake Hotel
Drake Room, Upper Level
Presented by the Developments in Business Financing Committee

American Bar Association ? Section of Business Law
Cyberspace Committee Dinner

Wildfire Restaurant
159 W. Erie Street
Chicago, IL

Saturday, August 6, 2005
7:30PM

DINNER RESERVATION FORM
Name:   Firm:
Address:
City:   State:   Zip:
Business Telephone:   Fax:
Accompanied by:
Are special arrangements needed for the physically challenged?

DINNER FEE

a)

METHOD OF PAYMENT
   Enclosed check (made payable to the American Bar Association)
   MasterCard   Visa   American Express
Card #:     Exp. Date:      
  Signature:         

Please return this registration form and your payment no later than July 7, 2005; 5:00PM Central Standard Time to: 
ABA/ITS Group Chicago 2005
108 Wilmot Road
P.O. Box 825
Deerfield, IL 60015-0825
800-521-6017 (Fax)
www.abanet.org/annual/2005

For questions, call  (312) 988-5564
(Faxed reservations must include credit card payment)

Refund Policy: Requests for refunds on ticketed events will be granted only if the request is received in writing prior to Wednesday, August 3rd. No refunds will be granted after that date.  To request a refund, please contact ITS at (800) 421-0450 or via email here.  Please note that you must be registered for the ABA Annual Meeting in order to purchase tickets for this Committee Dinner.

ABA BusLaw session set for Windy City

The ABA's Business Law Section will be holding its Annual Meeting in Chicago, August 5-9.  The brochure for the event is now available here.

Cyberspace in Music City

The ABA's Cyberspace Law Committee will be involved in a lot of things at the upcoming meeting in Nashville, and they'd love to have more law professors get involved.  They're involved in a wide range of activities, including issues of electronic contracting.  One panel of particular interest, which includes Chris Kunz and Dan Kleinberger of William Mitchell, will deal with indemnification clauses, and there's an excellent intro section for those who want a grounding in the basics of the e-commerce phenomenon.  For Committee Chair Vince Polley's invitation, click below.

From Vince Polley,
ABA Cyberspace Law Committee

Earlier this week, the Business Law Section circulated the program book for Nashville. As you plan your calendar, I encourage you to include all of the programs sponsored by the Cyberspace Committee or planned by our Committee colleagues. (Spring Meeting registration information, program schedules, and more is at http://www.abanet.org/buslaw/2005spring/.) For your convenience, I’m including the program times and descriptions below.

For newer lawyers—and lawyers new to cyberspace practice—the Cyberspace Committee will present a "basics" panel at the Young Lawyers Institute.  The ABCs of "E" (and "D")—What Every Business Lawyer Should Know About the Law of Electronic Commerce (and Discovery) will survey the basics of electronic contracting, jurisdiction, privacy, intellectual property, security and discovery. The ABCs program will be Thursday, March 31, 2005 from 11:30 a.m.-1:00 p.m. Renaissance Hotel, Fisk Room One, 2nd Floor.

Also, bring your laptops and your Wi-Fi cards. The Section will again be wiring the Spring Meeting hotel for Wi-Fi. If you don't bring a laptop, the Section will be providing a computer lab with high speed Internet access and printers for free, but there may be a wait during peak hours.

And, not to be missed, the Cyberspace Committee Dinner at the famous Wildhorse Saloon. The Committee Dinner will be Saturday, April 2, 2005 beginning at 6:30. The Wildhorse Saloon is renowned for the very best in live country entertainment, and the menu will include Wildhorse’s award winning smoked BBQ Pulled Pork Shoulder. Bring your best dancing shoes—free line dancing lessons will be offered all night. The Wildhorse promises "It’s country that kicks!" Dinner will be $45 per person and a cash bar will be located in our room.

We look forward to seeing you in Nashville.

                   Events

Thursday, March 31, 2:30-4:30 p.m., Convention Center 2d Floor, Room 209.
Cyberspace Law Committee members should take particular note of the UCC Committee program Pitfalls of Indemnification Clauses.  Chaired by Chris Kunz, the panel will focus largely on commercial indemnification clauses, including quite a bit of material on cyberspace and licensing issues contributed by Kate Andresen, who has considerable expertise about application service providers, and Joe Beckman, who is outside counsel for Digital River. The panel also includes Paula Duggan Vraa, an insurance law expert, and Prof. Daniel Kleinberger, who has been a reporter on the Uniform Limited Partnership Act and the Uniform LLC Act, in addition to his previous expertise in UCC Sales law and plain language contract drafting. It promises to be a lively panel, with no shortage of stories about what to guard against to keep your indemnification clauses from going awry.

Friday, April 1, 9:00-10:00 a.m., Convention Center 2d Floor, Room 204. Plenary Committee Meeting. During this plenary session we will have two "Hot Topics" presentations:
* RiskE Contracts: Threats to your online contracts in Europe by John Gregory and Don Clifford. This presentation will explore why 30 of the provisions of AOL France’s subscriber agreement were invalidated by a French court and explain how four European Union Directives could broaden the threat to 24 other countries.
* Director’s Guide on Data Governance by Roland Trope and Michael Power. This presentation will review directors’ emerging obligations for data governance (e.g., maintaining appropriate/adequate security measures) and identify topics that directors should discuss with senior management in order to fulfill such obligations and avert the risks of liability for material deficiencies in their organization’s digital security.

Friday, April 1, 10:00 a.m.-12:00 p.m., Convention Center 2d Floor, Room 204.
The Life Story of a Prepaid Card Program. Richard Hackett and Robert Ledig co-chair will this program addressing the legal, regulatory and strategic considerations associated with the development, structuring, implementation, operation and termination of two popular types of prepaid card programs: payroll cards and open system gift cards. The program will highlight the range of issues that face banks, non-banks and other card issuance participants in designing these products. This program is co-sponsored by the Consumer Financial Services Committee.

Friday, April 1, 2:30-4:30 p.m., Convention Center 2d Floor, Room 204.
Strategies for Modifying Electronic Agreements and Policies.  Kathleen Porter and Chris Kunz will co-chair this program offering helpful and practical strategies for modifying electronic standard-form agreements, such as click-through and browse-wrap agreements. The panelists will discuss key issues involved in modifying terms of use and other electronic agreements.

Saturday, April 2, 8:00-10:00 a.m., Convention Center 2d Floor, Room 209.
Spam-Fighting Technologies and Their Legal Implications.  Elizabeth Bowles chairs this program examining SPAM and "malware," which continue to plague the Internet, and the automated technology to which many have turned to stem the flood. Unfortunately, in blocking the bad, these potent technologies may also unintentionally block, destroy or delay crucial legitimate communications. This program examines current anti-spam technologies and the potential legal implications and pitfalls of their unintended effects.

All right, listen up

TODAY IS THE LAST DAY to get a discount for the 2005 Spring Meeting of the ABA Section on Business Law in Music City, USA.   You can register by going here.

Law & econ call for papers

The Supreme Court Economic Review, an "interdisciplinary journal that seeks to provide a forum for scholarship in law and economics, public choice and constitutional political economy" is looking for papers.  If you’re the sort of person who actually knows what "constitutional political economy" is, this may be something you’re interested in. Click the link for the call for papers.

                        CALL FOR PAPERS
      SUPREME COURT ECONOMIC REVIEW

The Supreme Court Economic Review is an interdisciplinary journal that seeks to provide a forum for scholarship in law and economics, public choice and constitutional political economy. Its approach is broad ranging and contributions will employ explicit or implicit economic reasoning for the analysis of legal issues, with special attention to Supreme Court decisions, judicial process, and institutional design. The use of theoretical and empirical economic models is permitted, but papers are expected to be accessible to a general audience of judges, academic lawyers, and economists.

PAPER SUBMISSIONS:

Peer review is an important feature of this publication. Accordingly, submissions should be accompanied by a cover letter indicating that the submission is being made on an exclusive basis. Electronic submission of manuscripts can be directed to the Editors, Supreme Court Economic Review.

FURTHER INFORMATION:

Other correspondence can be directed to:

Editor, Supreme Court Economic Review
George Mason University School of Law
3301 North Fairfax Drive
Arlington, Virginia 22201-4498

For more information, see Supreme Court Economic Review at the University of Chicago Press's website.

Save big bucks, register today

Today is the last day to get the Early Bird Registration Discount for the ABA Section of Business Law’s Spring Meeting in Nashville. The meeting is scheduled for March 31-April 3, and you get $50 off if you register by today. The meeting brochure is here and you can register online here.

Consumer issues in the digital world

How to deal with consumer issues in a modern, digital economy will be the subject of an interesting one-day conference coming up at the University of Washington School of Law (left).  The school’s Shidler Center for Law, Commerce & Technology is hosting Is Consumer Protection an Anachronism in the Information Economy? on Friday, March 4.

The conference apparently intends to take the question seriously—it’s bringing together a wide mix of both market-oriented and state-oriented scholars.  There should be some particularly entertaining exchanges on a panel devoted to contract law issues, which is moderated by an attorney for Consumers Union but will include Richard Epstein (Chicago), Clay Gillette (NYU), Jean Braucher (Arizona), Bob Hillman (Cornell) and Anita Ramasastry (Washington).

Organizers say that they’re negotiating with publishers for a possible book incorporating the papers. More information and registration is available at the LCT website.

Final panels set for Midyear fête

The final panelists have been set for the AALS Midyear Contracts Conference in Montréal on Exploring the Boundaries of Contract Law.  Papers were solicited for two panels, and the selection committee has announced the winning efforts.

The first session, Implications of Limited Rationality for Contract and Commercial Law, will be moderated by organizing chair Bob Hillman (Cornell). Panelists will be Marcus Cole (Stanford), Manuel Utset (Utah), and Danielle Kie Hart (Southwestern).

Omri Ben-Shahar (Michigan) will moderate the second, Revisiting A Classic: Charles Knapp’s "Enforcing the Contract to Bargain."  The panelists will be Chuck Knapp (Cal-Hastings), Kristin Madison (Penn), Alan Schwartz (Yale), and Amy Schmitz (Colorado).

Details on the conference, which will be held June 14-17, are on the AALS program page.

AALS—Day 4

The annual program hits its high point this afternoon, with the Contracts Section program at 1:30 p.m.  Chair Juliet Kostritsky leads a panel on "Incomplete Contracts: The Implications for Contract Law." Panelists are Richard Craswell (Stanford), Avery Katz (Columbia), and Bob Scott and George Triantis (Virginia). The business meeting follows.

AALS--Day 3

The Mother Ship never stops innovating. Taking account of the problem of America's unhealthy diet, they've come up with a new approach to the beverage and snack stations between panels. Outside the meeting rooms they have large tables covered with piles of cups, but on which coffee and snack foods are never placed. There are tea bags, but no hot water. It's certainly good for us, but there were a lot of yawns at the mid-morning sessions.

Yesterday was the day to skip out for a frolic, because traditional San Francisco drizzle is coming down today. Nothing can dampen the spirits of the crowds milling around the Hilton lobby, though. The ring of caffeine-free conversation of little knots of lively people echoes off the big inverted-wedding-cake chandeliers. The lobby is nice, but could use some remodeling. For example, the center is dominated by a large globe that is badly out of date, since it is labeled with places like "India orientalis," "Turcheftan," and the place that ought to be Siberia, although misshaped, is labeled "Carthaio." Australia, in particular, seems to be missing.

Last night's Gala was a huge success, with hundreds of people standing packed together and looking for familiar faces. Most popular pickup line: "So, what's your research agenda?"

More panels are on tap for this afternoon, and will certainly look interesting to those interested in those sorts of things. There are a good many social events tonight. SALT is having its Robert Cover Study Group. The topic will be, "The Attack of Civil Liberties." The brochure doesn't mention who or what they're attacking, but the best guess is the Bush Administration. It's at 7 p.m.

Also at 7 p.m., the people who the real work in law schools, the Legal Writing folks, are having their Blackwell Award Reception and giving out their Golden Pen Award.

The two items that look the best, though, are Vermont Law School's "Taste of Vermont" Reception from 7 to 9 p.m., and Samford/Cumberland's "12th Annual Dean's Dessert." See you there.

AALS—Day 2

Just when you thought they couldn't do it, the AALS has managed to hold its Annual Conference at a hotel that is just as big a rabbit warren as the Godawful Marriot Wardman Park.  Here at the San Francisco Hilton, conference registration is up six escalators and around the corner from the main lobby.  The message center is down the hall, around the corner, up two different escalators, down a hallway, hang a left, go down a short flight of stairs, go left again . . . .

There's a ton of stuff going on today, but this is being typed in the lobby of the Hilton, whose wireless network costs $.25 a minute to use, and so you can go read it yourself at the AALS website.

AALS—Day 1

The Mother Ship’s annual conclave starts today in San Francisco, with the first events at around 2:00 this afternoon, Pacific time.  It's cloudy but a bearable 50 degrees.  Rain is, of course, expected throughout the weekend, but daytime temperatures should stay in the mid-fifties.

Today is somewhat slim pickings for commercial types, but you might be interested in the following, all of which start at 2 p.m.:

The Immigration and the Labor & Employment Sections are running a panel on Guestworker Programs: Proposals and Perspectives.

The Law & Economics Section is doing a panel on Experimental Methods.  Details aren’t available in the program.

The Sections on North American Cooperation, International Law, and International Legal Exchange are putting on Dispute Resolution Under NAFTA and the WTO.

Tonight, from 7:00 to 10:00 p.m., the Section on Socio-Economics is hosting a reception.  Historically, you’ve been able to have a pretty good dinner off the hors d’oeuvres at their get-togethers.  There’s a slew of member school events, but the best-looking is the Wine Reception hosted by Whittier Law School, from 6:00 to 7:30.