ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, August 10, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (August 10, 2017)

Top-10 Cube Letters

Top Downloads For: SSRN Logo2

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 11 Jun 2017 - 10 Aug 2017

Rank Paper Downloads
1.

How to Restructure Venezuelan Debt (¿Cómo restructurar la deuda venezolana?)

Cleary Gottlieb Steen & Hamilton LLP - New York Office and Duke University School of Law
2,216
2.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
248
3.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
140
4.

Justice, Fault, and Efficiency in Contract Law

University of Florida - Levin College of Law
90
5.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
86
6.

Aspects of Loyalty

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
85
7.

Relational Contracts of Adhesion

University of Pennsylvania Law School
83
8.

Corporate Governance for Complex Cryptocurrencies? A Framework for Stability and Decision Making in Blockchain-Based Monetary Systems

European University Institute
79
9.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
76
10.

Postscript to Just Relationships: Reply to Gardner, West, and Zipursky

Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
75

 

Top Downloads For: SSRN Logo2

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 11 Jun 2017 - 10 Aug 2017

Rank Paper Downloads
1.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
248
2.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
140
3.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Harvard Law School
98
4.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
86
5.

Relational Contracts of Adhesion

University of Pennsylvania Law School
83
6.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
76
7.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
74
8.

Property and the Construction of the Information Economy: A Neo-Polanyian Ontology

Georgetown University Law Center
58
9.

Digital Technology as a Challenge to European Contract Law – From the Existing to the Future Architecture

Humboldt University of Berlin - Faculty of Law and European University Institute
58
10.

Liberal Contract Theory and Actually Existing Contracts

New York University (NYU) - Furman Center for Real Estate and Urban Policy
51

August 10, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, August 3, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (August 3, 2017)

Top-10-gold-logo

Top Downloads For: SSRN Logo2

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 04 Jun 2017 - 03 Aug 2017

Rank Paper Downloads
1.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
235
2.

A New Dawn for the Law of Illegality

University of Oxford - Faculty of Law
142
3.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
138
4.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
120
5.

Justice, Fault, and Efficiency in Contract Law

University of Florida - Levin College of Law
87
6.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
83
7.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
73
8.

Corporate Governance for Complex Cryptocurrencies? A Framework for Stability and Decision Making in Blockchain-Based Monetary Systems

European University Institute
73
9.

Postscript to Just Relationships: Reply to Gardner, West, and Zipursky

Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
73
10.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
72

 

Top Downloads For: SSRN Logo2

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 04 Jun 2017 - 03 Aug 2017

Rank Paper Downloads
1.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
235
2.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
138
3.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
120
4.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Harvard Law School
96
5.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
83
6.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
73
7.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
72
8.

Property and the Construction of the Information Economy: A Neo-Polanyian Ontology

Georgetown University Law Center
54
9.

Liberal Contract Theory and Actually Existing Contracts

New York University (NYU) - Furman Center for Real Estate and Urban Policy
49
10.

Leadership Competencies for Business Lawyers: Using a Framework that Links Strategy, Law, and Ethics

University of Michigan
46

August 3, 2017 in Recent Scholarship | Permalink | Comments (0)

Friday, July 28, 2017

Why Pyeatte v. Pyeatte May Be the Best Teaching Tool in Contracts Law

Our friend and esteemed colleague, Professor Charles Calleros, has kindly sent the following as a guest contribution to the ContractsProf Blog.  Enjoy!

Recently Val Ricks has collected a number of essays from colleagues on best and worst cases for the development or application of contract law.  In addition to participating in that project, Charles Calleros invites faculty to upload and post links to essays about their favorite cases as teaching tools (regardless whether the cases advance the law in an important way). He starts the ball rolling with this Introduction to his essay on "Why Pyeatte v. Pyeatte Might be the Best Teaching Tool in the Contracts Casebook":

Pyeatte v. Pyeatte, a 1983 decision of the Arizona Court of Appeals, did not break new ground in the field of contracts. Nonetheless, I assert that it is one of the best pedagogic tools in the Contracts casebook, for several reasons:

  •  *          The facts are sure to grab the attention of first-semester law students: A law grad reneges on a promise to support his ex-wife through graduate school after she supported him through law school during their marriage;

*          This 1980’s opinion is written in modern plain English, allowing students to focus on substance, while also learning a few necessary legal terms of art.

*          After their immersion in a cold and rather unforgiving bath of consideration and mutual assent, students can finally warm up to a tool for addressing injustice: quasi-contract;

*          The opinion’s presentation of background information on quasi-contract provides an opportunity to discuss the difference between an express contract, an implied-in-fact contract, and an implied-in-law contract; 

*          Although the wife’s act of supporting her husband through law school seems to beg for reciprocation or restitution, students must confront judicial reticence to render an accounting for benefits conferred between partners in a marriage, exposing students to overlap between contract law and domestic relations law;

*          The appellate ruling of indefiniteness of the husband’s promise – presented in a later chapter in my casebook, but looming vaguely in the background of the discussion of quasi-contract – invites critique and perhaps even speculation that the appellate panel felt comfortable denying enforcement of the promise precisely because it knew it could grant restitution under quasi-contract; and

*          The court’s admonition that expectation interest forms a ceiling for the calculation of restitution reveals a fascinating conundrum that brings us back to the court’s ruling on indefiniteness. . . .

You can find the whole essay here.

July 28, 2017 in Commentary, Contract Profs, Famous Cases, Law Schools, Miscellaneous, Recent Scholarship, Teaching, True Contracts | Permalink | Comments (2)

Thursday, July 27, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (July 27, 2017)

Top-10 Block Letters

Top Downloads For: SSRN Logo2

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 28 May 2017 - 27 Jul 2017

Rank Paper Downloads
1.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
173
2.

A New Dawn for the Law of Illegality

University of Oxford - Faculty of Law
136
3.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
127
4.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
115
5.

Paternalism and Contract Law

University of Hull
105
6.

Justice, Fault, and Efficiency in Contract Law

University of Florida - Levin College of Law
84
7.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
81
8.

The Failures of State Insurance Regulation

University of Minnesota Law School
79
9.

Postscript to Just Relationships: Reply to Gardner, West, and Zipursky

Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
73
10.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
71

 

Top Downloads For: SSRN Logo2

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 28 May 2017 - 27 Jul 2017

Rank Paper Downloads
1.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
173
2.

The Choice Theory of Contracts (Introduction)

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
127
3.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
115
4.

Paternalism and Contract Law

University of Hull
105
5.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Harvard Law School
95
6.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
81
7.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
71
8.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
67
9.

Property and the Construction of the Information Economy: A Neo-Polanyian Ontology

Georgetown University Law Center
51
10.

Liberal Contract Theory and Actually Existing Contracts

New York University (NYU) - Furman Center for Real Estate and Urban Policy
47

July 27, 2017 in Recent Scholarship | Permalink | Comments (0)

Friday, July 21, 2017

Scholarship Spotlight: Crypto Transaction Dispute Resolution (Kaal & Calcaterra)

 

Crypto Transaction Dispute Resolution

Wulf A. Kaal (University of St. Thomas, Minnesota - School of Law)

Craig Calcaterra (Department of Mathematics, Metropolitan State University)

Abstract

Blockchain-ImageThe rapid evolution of anonymous, autonomous, and distributed blockchain-based smart contracting creates friction and enforceability issues with existing legal and jurisdictional principles, calling the future governance of blockchain technology into question. The effective governance of blockchain technology and smart contracting is essential to ensuring its continuing evolution. Based on the mathematical principles underlying the disposition of blockchains, we propose and evaluate an alternative approach to the existing legal exercise of jurisdiction that is inherent in blockchain technology itself. We call this distributed jurisdiction.

This contribution is not merely theoretical. Several Ethereum smart contracting crypto startups demonstrate that anonymity can be perpetuated in blockchain technology, despite blockchains’ eternal storage of information and its growing size working against anonymity. Startup applications highlight that the technology itself offers means of internal controls that help ensure effective governance in the continuing evolution of the technology.

Based on the concept of distributed jurisdiction, we suggest an open source platform ecosystem for smart contracting dispute resolution that allows users to opt into a conflict resolution mechanism that enables more nuanced crypto solutions and produces greater certainty in the process. Anonymized arbiter expertise via rankings in combination with a representation option for crypto disputes provide a resolution mechanism for legacy businesses that desire to participate in the growth of crypto business opportunities, hope to avoid legacy system intermediation and the associated transaction costs, but require legal legacy system assurances and crypto dispute resolution equivalence.

July 21, 2017 in Recent Scholarship | Permalink | Comments (0)

Friday, July 14, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (July 14, 2017)

This week's list is a day late, but hopefully not a dollar short. Enjoy!

Top-10-3D

Top Downloads For: SSRN Logo2

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 15 May 2017 - 14 Jul 2017

Rank Paper Downloads
1.

A New Dawn for the Law of Illegality

University of Oxford - Faculty of Law
129
2.

Making Finance More Competitive

Boston University School of Law
122
3.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
117
4.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
106
5.

Paternalism and Contract Law

University of Hull
98
6.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
97
7.

The Failures of State Insurance Regulation

University of Minnesota Law School
75
8.

Justice, Fault, and Efficiency in Contract Law

University of Florida - Levin College of Law
65
9.

Postscript to Just Relationships: Reply to Gardner, West, and Zipursky

Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
67
10.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem

 

Top Downloads For: SSRN Logo2

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 15 May 2017 - 14 Jul 2017

Rank Paper Downloads
1.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
117
2.

Crypto Transaction Dispute Resolution

University of St. Thomas, Minnesota - School of Law and Department of Mathematics, Metropolitan State University
107
3.

Paternalism and Contract Law

University of Hull
98
4.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
97
5.

Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach

University of Wisconsin Law School
79
6.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Harvard Law School
73
7.

Customary Principles Regarding Public Contracts Concluded with Foreigners

Sciences Po Law School (Ecole de Droit de Sciences Po)
72
8.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
62
9.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
61
10.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
72

July 14, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, July 6, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (July 6, 2017)

Top-10-wArrowUp

Top Downloads For: SSRN Logo2

Contracts & Commercial Law eJournal

1.

Surveying the Law of Emojis

Santa Clara University - School of Law
1,055
2.

A New Dawn for the Law of Illegality

University of Oxford - Faculty of Law
122
3.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
114
4.

Making Finance More Competitive

Boston University School of Law
110
5.

Paternalism and Contract Law

University of Hull
92
6.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
87
7.

The Failures of State Insurance Regulation

University of Minnesota Law School
71
8.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
61
9.

Postscript to Just Relationships: Reply to Gardner, West, and Zipursky

Tel Aviv University - Buchmann Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
58
10.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department

 

Top Downloads For: SSRN Logo2

Law & Society: Private Law - Contracts eJournal

1.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
114
2.

Delaware's Fall: The Arbitration Bylaws Scenario

University of California, Los Angeles (UCLA) - School of Law
92
3.

Paternalism and Contract Law

University of Hull
92
4.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
87
5.

Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach

University of Wisconsin Law School
75
6.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
61
7.

Customary Principles Regarding Public Contracts Concluded with Foreigners

Sciences Po Law School (Ecole de Droit de Sciences Po)
57
8.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

Harvard Law School
53
9.

Springwell-watch: New Insights into the Nature of Contractual Estoppel

London School of Economics - Law Department
52
10.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University

July 6, 2017 in Recent Scholarship | Permalink

Thursday, June 29, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (June 29, 2017)

Top10-Granite

 

Top Downloads For: Contracts & Commercial Law eJournal SSRN Logo2

Recent Top Papers (60 days) as of: 30 Apr 2017 - 29 Jun 2017

Rank Paper Downloads
1.

Surveying the Law of Emojis

Santa Clara University - School of Law
1,041
2.

Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico

University of North Carolina (UNC) at Chapel Hill - School of Law
124
3.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
111
4.

Making Finance More Competitive

Boston University School of Law
103
5.

Essentiality and Standards-Essential Patents

University of Utah - S.J. Quinney College of Law
94
6.

A New Dawn for the Law of Illegality

University of Oxford - Faculty of Law
88
7.

Paternalism and Contract Law

University of Hull
75
8.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
74
9.

The Failures of State Insurance Regulation

University of Minnesota Law School
69
10.

Disintermediating Electronic Payments: Digital Cash and Virtual Currencies

York University - Osgoode Hall Law School
58

 

Top Downloads For: Law & Society: Private Law - Contracts eJournal SSRN Logo2

Recent Top Papers (60 days) as of: 30 Apr 2017 - 29 Jun 2017

Rank Paper Downloads
1.

Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy

Indiana University Bloomington Maurer School of Law
111
2.

Delaware's Fall: The Arbitration Bylaws Scenario

University of California, Los Angeles (UCLA) - School of Law
92
3.

Paternalism and Contract Law

University of Hull
75
4.

Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach

University of Wisconsin Law School
74
5.

The Design of Staged Contracting

University of Virginia School of Law and Stanford Law School
74
6.

Customary Principles Regarding Public Contracts Concluded with Foreigners

Sciences Po Law School (Ecole de Droit de Sciences Po)
57
7.

Costs Allocation Under the Amended Indian Arbitration Law: A Critique

Independent
50
8.

Over-Reliance Under Contractual Disgorgement

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
50
9.

Disclosure Rules in Contract Law

Harvard Law School and Tel Aviv University
45
10.

Arbitral Awards: The Legal Requirements and Interlocutory Applications

Babcock University - School of Law and Security Studies
25

June 29, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, June 22, 2017

Contracts and Commercial Law Scholarship: Weekly Top Ten SSRN Downloads (June 22, 2017)

Top-10-gold-logo

 

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
23 Apr 2017 through 22 Jun 2017

Rank Downloads Paper Title
1 1,008 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 218 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
3 119 Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico
Melissa B. Jacoby
University of North Carolina (UNC) at Chapel Hill - School of Law
4 118 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
5 110 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
6 91 Essentiality and Standards-Essential Patents
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
7 84 A New Dawn for the Law of Illegality
Andrew Burrows
University of Oxford - Faculty of Law
8 73 Paternalism and Contract Law
Péter Cserne
University of Hull
9 69 Consumer Expectations in Digital Content Contracts – An Empirical Study
Madalena Narciso
Tilburg Law School
10 65 The Failures of State Insurance Regulation
Daniel Schwarcz
University of Minnesota Law School

 

SSRN Top Downloads For SSRN Logo2
Law & Society: Private Law - Contracts eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
23 Apr 2017 through 22 Jun 2017

Rank Downloads Paper Title
1 218 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
2 118 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
3 110 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
4 90 Delaware's Fall: The Arbitration Bylaws Scenario
Lynn M. LoPucki
University of California, Los Angeles (UCLA) - School of Law
5 73 Paternalism and Contract Law
Péter Cserne
University of Hull
6 72 Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach
Jason W. Yackee
University of Wisconsin Law School
7 69 Consumer Expectations in Digital Content Contracts – An Empirical Study
Madalena Narciso
Tilburg Law School
8 63 The Design of Staged Contracting
Albert H. Choi and George G. Triantis
University of Virginia School of Law and Stanford Law School
9 55 Customary Principles Regarding Public Contracts Concluded with Foreigners
Regis Bismuth
Sciences Po Law School (Ecole de Droit de Sciences Po)
10 48 Costs Allocation Under the Amended Indian Arbitration Law: A Critique
Badrinath Srinivasan
Independent

June 22, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, June 15, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (June 15, 2017)

Top-ten-green

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
16 Apr 2017 through 15 Jun 2017

Rank Downloads Paper Title
1 994 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 255 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
3 205 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
4 158 In Defense of the Restatement of Liability Insurance Law
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
5 118 Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico
Melissa B. Jacoby
University of North Carolina (UNC) at Chapel Hill - School of Law
6 113 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
7 108 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
8 76 A New Dawn for the Law of Illegality
Andrew Burrows
University of Oxford - Faculty of Law
9 75 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
10 73 Essentiality and Standards-Essential Patents
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law

 

SSRN Top Downloads For SSRN Logo2
Law & Society: Private Law - Contracts eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
16 Apr 2017 through 15 Jun 2017

Rank Downloads Paper Title
1 205 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
2 113 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
3 108 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
4 88 Delaware's Fall: The Arbitration Bylaws Scenario
Lynn M. LoPucki
University of California, Los Angeles (UCLA) - School of Law
5 75 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
6 70 Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach
Jason W. Yackee
University of Wisconsin Law School
7 66 Consumer Expectations in Digital Content Contracts – An Empirical Study
Madalena Narciso
Tilburg Law School
8 65 Paternalism and Contract Law
Péter Cserne
University of Hull
9 49 Customary Principles Regarding Public Contracts Concluded with Foreigners
Regis Bismuth
Sciences Po Law School (Ecole de Droit de Sciences Po)
10 47 Costs Allocation Under the Amended Indian Arbitration Law: A Critique
Badrinath Srinivasan
Independent

June 15, 2017 in Recent Scholarship | Permalink | Comments (0)

Wednesday, June 14, 2017

Empirical Study Shows Diagrams Made a Contract Easier to Use and Understand

BrianNLarsonThis guest post highlights some fascinating empirical scholarship relating to business contracts and is written by my soon-to-be colleague, Brian N. Larson (at left). Brian will join Texas A&M University School of Law this fall as associate professor of law. He comes to Texas A&M from Georgia Institute of Technology, where he has been assistant professor of rhetoric and technical communication and founder of the Responsible End-User Licensing Lab. Enjoy! - MEB

_____________________________________________

Passera, A. Kankaanranta & L. Louhiala-Salminen, Diagrams in Contracts: Fostering Understanding in Global Business Communication, 60 IEEE Transactions on Professional Communication 118–146 (2017). Available from IEEE.

Stefania Passera and her colleagues performed an experimental study to assess the value of diagrams in a complex business-to-business contract. They provided 122 subjects, experts on contracts drawn from an international pool with a wide variety of mother tongues, two versions of the same commercial contract in English. They were identical except that the version the “treatment” group used included diagrams, and the one the “control” group used was text only. Participants performed location and comprehension tasks the researchers specified.

Here are the key takeaways:

  • The group using the version with diagrams found relevant information and solved comprehension tasks significantly more quickly than the control group.
  • The treatment group also performed tasks significantly more accurately than those using text-only contracts.
  • The previous two effects worked together, so participants in the treatment group performed with significantly higher efficiency (a function of objective performance and subjective, perceived mental effort) than the control group.
  • Cognitive style—whether the participant was a “visualizer” or “verbalizer”—did not interact with the treatment. In other words, cognitive style did not have a statistically significant effect on results, but the sample size here is probably too small to rule it out.

Given the study’s careful statistical analysis of data, it is a little disappointing that the authors did not report the sizes of the effects they measured. (Statistical significance is different than practical significance, after all.) Nevertheless, the study adds to an existing literature that supports the idea that good visual design improves comprehension and suggests that contracts are no exception to that rule.

Passera et al Fig8

Above: an excerpt of fig. 8 from the article shows an example of a diagram accompanying text.

The study leaves unexplored two issues important for law professors: (1) How can lawyers and law students acquire the communicative competence to create effective contract diagrams? (2) In the absence of that competence, what happens if the text and diagram appear to be at odds?

- Brian N. Larson

June 14, 2017 in Recent Scholarship | Permalink | Comments (1)

Thursday, June 8, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (June 8, 2017)

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Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
9 Apr 2017 through 8 Jun 2017

Rank Downloads Paper Title
1 954 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 242 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
3 201 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
4 156 In Defense of the Restatement of Liability Insurance Law
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
5 138 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
6 114 Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico
Melissa B. Jacoby
University of North Carolina (UNC) at Chapel Hill - School of Law
7 111 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
8 104 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
9 73 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
10 68 Essentiality and Standards-Essential Patents
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law

 


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RECENT TOP PAPERS for all papers first announced in the last 60 days
9 Apr 2017 through 8 Jun 2017

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1 201 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
2 138 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
3 111 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
4 104 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
5 81 Delaware's Fall: The Arbitration Bylaws Scenario
Lynn M. LoPucki
University of California, Los Angeles (UCLA) - School of Law
6 73 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
7 68 Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach
Jason W. Yackee
University of Wisconsin Law School
8 60 Consumer Expectations in Digital Content Contracts – An Empirical Study
Madalena Narciso
Tilburg Law School
9 57 Paternalism and Contract Law
Péter Cserne
University of Hull
10 55 Hybrid Transactions and the Internet of Things: Goods, Services, or Software?
Stacy-Ann Elvy
New York Law School

June 8, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, June 1, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (June 1, 2017)

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RECENT TOP PAPERS for all papers first announced in the last 60 days
2 Apr 2017 through 1 Jun 2017

Rank Downloads Paper Title
1 906 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 229 Directors’ Duties and Legal Safe Harbours: A Comparative Analysis
Matthew Conaglen and Jennifer G. Hill
The University of Sydney Law School and The University of Sydney Law School
3 225 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
4 195 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
5 146 In Defense of the Restatement of Liability Insurance Law
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
6 134 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
7 113 Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico
Melissa B. Jacoby
University of North Carolina (UNC) at Chapel Hill - School of Law
8 97 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
9 94 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
10 77 The Many Faces of Contractual Consent
Orit Gan
Sapir Academic College - School of Law

 

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RECENT TOP PAPERS for all papers first announced in the last 60 days
2 Apr 2017 through 1 Jun 2017

Rank Downloads Paper Title
1 195 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
2 134 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
3 97 Determining the Territorial Scope of State Law in Interstate and International Conflicts: Comments on the Draft Restatement (Third) and on the Role of Party Autonomy
Hannah L. Buxbaum
Indiana University Bloomington Maurer School of Law
4 94 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
5 77 The Many Faces of Contractual Consent
Orit Gan
Sapir Academic College - School of Law
6 76 Delaware's Fall: The Arbitration Bylaws Scenario
Lynn M. LoPucki
University of California, Los Angeles (UCLA) - School of Law
7 71 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
8 67 Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach
Jason W. Yackee
University of Wisconsin Law School
9 59 The Lost Volume Seller, R.I.P.
Victor P. Goldberg
Columbia Law School
10 56 Consumer Expectations in Digital Content Contracts – An Empirical Study
Madalena Narciso
Tilburg Law School

June 1, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 25, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (May 25, 2017)

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RECENT TOP PAPERS for all papers first announced in the last 60 days
26 Mar 2017 through 25 May 2017

Rank Downloads Paper Title
1 845 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 283 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
3 214 Directors’ Duties and Legal Safe Harbours: A Comparative Analysis
Matthew Conaglen and Jennifer G. Hill
The University of Sydney Law School and The University of Sydney Law School
4 212 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
5 191 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
6 132 In Defense of the Restatement of Liability Insurance Law
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School
7 126 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
8 109 Presiding Over Municipal Bankruptcies: Then, Now, and Puerto Rico
Melissa B. Jacoby
University of North Carolina (UNC) at Chapel Hill - School of Law
9 84 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
10 168 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law

 

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RECENT TOP PAPERS for all papers first announced in the last 60 days
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Rank Downloads Paper Title
1 283 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
2 191 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
3 168 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
4 126 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
5 84 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
6 77 Arbitration About Arbitration
David Horton
University of California, Davis - School of Law
7 71 The Many Faces of Contractual Consent
Orit Gan
Sapir Academic College - School of Law
8 69 What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes
Jeffrey Lynch Harrison
University of Florida - Levin College of Law
9 67 Delaware's Fall: The Arbitration Bylaws Scenario
Lynn M. LoPucki
University of California, Los Angeles (UCLA) - School of Law
10 59 Politicized Dispute Settlement in the Pre-Investment Treaty Era: A Micro-Historical Approach
Jason W. Yackee
University of Wisconsin Law School

May 25, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 18, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (May 18, 2017)

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Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
19 Mar 2017 through 18 May 2017

Rank Downloads Paper Title
1 789 Surveying the Law of Emojis
Eric Goldman
Santa Clara University - School of Law
2 209 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
3 208 Directors’ Duties and Legal Safe Harbours: A Comparative Analysis
Matthew Conaglen and Jennifer G. Hill
The University of Sydney Law School and The University of Sydney Law School
4 204 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
5 185 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
6 185 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 175 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
8 167 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
9 120 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
10 114 In Defense of the Restatement of Liability Insurance Law
Tom Baker and Kyle D. Logue
University of Pennsylvania Law School and University of Michigan Law School

 


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Law & Society: Private Law - Contracts eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
19 Mar 2017 through 18 May 2017

Rank Downloads Paper Title
1 260 טעות בכדאיות העסקה: שווי האובייקט, התפתחויות עתידיות, נטילת סיכון ורשלנות הטועה (Mistake as to the Worthwhileness of the Transaction: The Object's Value, Future Developments, Assumption of Risk, and Negligence)
Eyal Zamir
Hebrew University of Jerusalem - Faculty of Law
2 209 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
3 185 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
4 175 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
5 167 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
6 120 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
7 113 Boilerplate and Default Rules in Wills Law: An Empirical Analysis
David Horton and Reid K. Weisbord
University of California, Davis - School of Law and Rutgers Law School
8 80 Zombie Religious Institutions
Elizabeth Sepper
Washington University in Saint Louis - School of Law
9 78 Complexity, Standardization, and the Design of Loan Agreements
Bernhard Ganglmair and Malcolm Wardlaw
University of Texas at Dallas - Managerial Economics and University of Texas - Dallas
10 73 Arbitration About Arbitration
David Horton
University of California, Davis - School of Law

 

May 18, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 11, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (May 11, 2017)

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Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
12 Mar 2017 through 11 May 2017

Rank Downloads Paper Title
1 241 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
2 218 'No Money Down' Bankruptcy
Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne
Indiana University Maurer School of Law, University of Illinois College of Law, University of California - Irvine School of Law and Ohio University - Department of Sociology
3 198 Directors’ Duties and Legal Safe Harbours: A Comparative Analysis
Matthew Conaglen and Jennifer G. Hill
The University of Sydney Law School and The University of Sydney Law School
4 188 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
5 182 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
6 182 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 174 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
8 171 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
9 167 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
10 166 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law

 

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RECENT TOP PAPERS for all papers first announced in the last 60 days
12 Mar 2017 through 11 May 2017

Rank Downloads Paper Title
1 260 טעות בכדאיות העסקה: שווי האובייקט, התפתחויות עתידיות, נטילת סיכון ורשלנות הטועה (Mistake as to the Worthwhileness of the Transaction: The Object's Value, Future Developments, Assumption of Risk, and Negligence)
Eyal Zamir
Hebrew University of Jerusalem - Faculty of Law
2 241 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
3 188 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
4 182 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
5 174 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
6 171 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
7 166 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
8 117 Boilerplate's False Dichotomy
James Gibson
University of Richmond School of Law
9 113 Boilerplate and Default Rules in Wills Law: An Empirical Analysis
David Horton and Reid K. Weisbord
University of California, Davis - School of Law and Rutgers Law School
10 100 'And/Or' and the Proper Use of Legal Language
Ira P. Robbins
American University - Washington College of Law

 

May 11, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 4, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (May 4, 2017)

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RECENT TOP PAPERS for all papers first announced in the last 60 days
5 Mar 2017 through 4 May 2017

Rank Downloads Paper Title
1 236 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
2 209 'No Money Down' Bankruptcy
Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne
Indiana University Maurer School of Law, University of Illinois College of Law, University of California - Irvine School of Law and Ohio University - Department of Sociology
3 179 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
4 177 Directors’ Duties and Legal Safe Harbours: A Comparative Analysis
Matthew Conaglen and Jennifer G. Hill
The University of Sydney Law School and The University of Sydney Law School
5 174 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law 
6 168 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
7 164 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
8 163 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
9 150 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law
10 133 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students

 

SSRN Top Downloads For SSRN Logo2
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RECENT TOP PAPERS for all papers first announced in the last 60 days
5 Mar 2017 through 4 May 2017

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1 260 טעות בכדאיות העסקה: שווי האובייקט, התפתחויות עתידיות, נטילת סיכון ורשלנות הטועה (Mistake as to the Worthwhileness of the Transaction: The Object's Value, Future Developments, Assumption of Risk, and Negligence)
Eyal Zamir
Hebrew University of Jerusalem - Faculty of Law
2 236 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
3 175 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
4 168 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
5 164 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
6 163 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
7 133 Henry Maine's 'Modern Law': From Status to Contract and Back Again?
Katharina Isabel Schmidt
Princeton University - Department of History, Students
8 123 Thinking in Terms of Contract Defences
Andrew D. Dyson, James Goudkamp and Frederick Wilmot-Smith
University of Oxford - Faculty of Law, University of Oxford - Faculty of Law and University of Oxford - Faculty of Law
9 112 Boilerplate and Default Rules in Wills Law: An Empirical Analysis
David Horton and Reid K. Weisbord
University of California, Davis - School of Law and Rutgers Law School
10 110 Brief of 44 Law, Economics and Business Professors as Amici Curiae in Support of Respondent in Impression Products, Inc. v. Lexmark International, Inc.
Jonathan Barnett and Ted M. Sichelman
USC Gould School of Law and University of San Diego School of Law

 

May 4, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, April 27, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (April 27, 2017)

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RECENT TOP PAPERS for all papers first announced in the last 60 days
26 Feb 2017 through 27 Apr 2017

Rank Downloads Paper Title
1 278 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
2 254 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 232 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 205 'No Money Down' Bankruptcy
Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne
Indiana University Maurer School of Law, University of Illinois College of Law, University of California - Irvine School of Law and Ohio University - Department of Sociology
5 199 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
6 174 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 164 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
8 157 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
9 154 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
10 136 A New Perspective on FRAND Royalties: Unwired Planet v. Huawei
Jorge L. Contreras
University of Utah - S.J. Quinney College of Law

 

SSRN Top Downloads For SSRN Logo2
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RECENT TOP PAPERS for all papers first announced in the last 60 days
26 Feb 2017 through 27 Apr 2017

Rank Downloads Paper Title
1 260 טעות בכדאיות העסקה: שווי האובייקט, התפתחויות עתידיות, נטילת סיכון ורשלנות הטועה (Mistake as to the Worthwhileness of the Transaction: The Object's Value, Future Developments, Assumption of Risk, and Negligence)
Eyal Zamir
Hebrew University of Jerusalem - Faculty of Law
2 254 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 232 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 182 The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases
Thomas Stipanowich and Veronique Fraser
Pepperdine University School of Law and Université de Sherbrooke - Group for the Prevention and Resolution of Disputes (G-PRD)
5 164 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
6 158 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
7 154 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
8 134 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
9 112 Boilerplate and Default Rules in Wills Law: An Empirical Analysis
David Horton and Reid K. Weisbord
University of California, Davis - School of Law and Rutgers Law School
10 109 Thinking in Terms of Contract Defences
Andrew D. Dyson, James Goudkamp and Frederick Wilmot-Smith
University of Oxford - Faculty of Law, University of Oxford - Faculty of Law and University of Oxford - Faculty of Law

April 27, 2017 in Recent Scholarship | Permalink

Monday, April 24, 2017

Scholarship Spotlight: "What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes" (Jeffrey Harrison - Florida)

How far does the teaching of contract doctrine take students beyond their initial intuitive view of the applicable legal rules? Jeffrey Lynch Harrison of the University of Florida - Levin College of Law recently posted "What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes," an article that should be of interest to anyone teaching the first-year Contracts course. Here is the abstract:

Jeffrey Harrison (Florida(Abstract

Are legal rules intuitive or, at least, consistent with common sense? In this study, 260 law students at five law schools who had not taken contract law, were presented with eight questions based on specific contracts cases or common contracts issues. They were asked what they felt was the fair or right answer to each question and to formulate the rule they would apply. The purposes of the study were to 1) determine whether contract law is what the untrained person believes it is or should be and 2) experiment with a strategy of pretesting to determine what topics within any course deserve special attention during a semester.

Outside of its classroom implications, Harrison's article also provides some interesting fodder on the issue of the extent to which legal rules in general are--or must be--dependent on given zones of societal norms. "What Did They Know and When Did They Know it? Pretesting and Assessing Learning Outcomes" is available for SSRN download here.

 

April 24, 2017 in Recent Scholarship, Teaching | Permalink | Comments (0)

Thursday, April 20, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (April 20, 2017)

Top-10 Cube Letters

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
19 Feb 2017 through 20 Apr 2017

Rank Downloads Paper Title
1 271 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
2 245 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 224 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 207 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
5 191 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
6 188 'No Money Down' Bankruptcy
Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne
Indiana University Maurer School of Law, University of Illinois College of Law, University of California - Irvine School of Law and Ohio University - Department of Sociology
7 161 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
8 160 Conceptualizing Cryptolaw
Carla L. Reyes
Stetson University College of Law
9 146 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
10 141 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School

 

SSRN Top Downloads For SSRN Logo2
Law & Society: Private Law - Contracts eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
19 Feb 2017 through 20 Apr 2017

Rank Downloads Paper Title
1 259 טעות בכדאיות העסקה: שווי האובייקט, התפתחויות עתידיות, נטילת סיכון ורשלנות הטועה (Mistake as to the Worthwhileness of the Transaction: The Object's Value, Future Developments, Assumption of Risk, and Negligence)
Eyal Zamir
Hebrew University of Jerusalem - Faculty of Law
2 245 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 224 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 207 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
5 175 The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases
Thomas Stipanowich and Veronique Fraser
Pepperdine University School of Law and Université de Sherbrooke - Group for the Prevention and Resolution of Disputes (G-PRD)
6 146 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
7 141 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
8 140 Contracts Ex Machina
Kevin D. Werbach and Nicolas Cornell
University of Pennsylvania, The Wharton School, Legal Studies & Business Ethics Department and University of Pennsylvania - The Wharton School, Legal Studies & Business Ethics Department
9 130 What a Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability and Codifying the Scope of the Provisions of Arbitration Agreements
Taylor Payne and Richard A. Bales
Ohio Northern University, Pettit College of Law, Students and Ohio Northern University - Pettit College of Law
10 109 Boilerplate and Default Rules in Wills Law: An Empirical Analysis
David Horton and Reid K. Weisbord
University of California, Davis - School of Law and Rutgers Law School

April 20, 2017 in Recent Scholarship | Permalink | Comments (0)