ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, June 22, 2017

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

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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)

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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)

Top10-Electric

 

SSRN Top Downloads For SSRN Logo2
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

 


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
9 Apr 2017 through 8 Jun 2017

Rank Downloads Paper Title
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)

TopTen Stamp-808x455

 

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

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

 

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
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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SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

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

 

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
26 Mar 2017 through 25 May 2017

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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SSRN Top Downloads For SSRN Logo2
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

 


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 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)

Top-10-3D

SSRN Top Downloads For SSRN Logo2
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

 

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
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)

Top Ten Logo 1

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

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
Law & Society: Private Law - Contracts eJournal

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

Rank Downloads Paper Title
1 260 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)

Top-10-wArrowUp

 

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

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
Law & Society: Private Law - Contracts eJournal

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)

Thursday, April 13, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (April 13, 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
12 Feb 2017 through 13 Apr 2017

Rank Downloads Paper Title
1 262 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
2 232 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 221 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 194 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
5 185 '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
6 184 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
7 178 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
8 151 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
9 142 Conceptualizing Cryptolaw
Carla L. Reyes
Stetson University College of Law
10 131 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty 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
12 Feb 2017 through 13 Apr 2017

Rank Downloads Paper Title
1 256 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
2 232 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 221 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
4 194 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
5 178 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
6 167 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)
7 131 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
8 127 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
9 121 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
10 111 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

 

April 13, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, April 6, 2017

Weekly Top Ten SSRN Contracts and Commercial Law Downloads (April 6, 2017)

Top10-Granite

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
5 Feb 2017 through 6 Apr 2017

Rank Downloads Paper Title
1 250 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
2 226 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 217 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
4 215 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
5 186 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
6 180 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
7 176 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn
8 175 '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
9 173 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
10 141 Massively Discretionary Trusts
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative 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
5 Feb 2017 through 6 Apr 2017

Rank Downloads Paper Title
1 255 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
2 226 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 217 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
4 215 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
5 186 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
6 173 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
7 157 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)
8 119 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
9 104 Once Upon a Car: A Tale of Three Ambiguities
Mark Cooney
Western Michigan University Cooley Law School
10 103 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 6, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, March 30, 2017

Weekly Top Ten SSRN Contracts Downloads (March 30, 2017)

Top-10-wArrowUp

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
29 Jan 2017 through 30 Mar 2017

Rank Downloads Paper Title
1 300 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 242 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
3 219 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
4 211 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 202 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
6 180 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
7 171 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law 
8 167 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn
9 166 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
10 161 '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

 

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
29 Jan 2017 through 30 Mar 2017

Rank Downloads Paper Title
1 300 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 255 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
3 219 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
4 211 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 202 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
6 180 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
7 166 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School 
8 150 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)
9 102 Self-Driving Contracts
Anthony J. Casey and Anthony Niblett
University of Chicago Law School and University of Toronto - Faculty of Law
10 101 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

 

March 30, 2017 in Recent Scholarship | Permalink | Comments (0)

Monday, March 27, 2017

Scholarship Spotlight: "Laws as Implied Contract Terms" (Steven W. Feldman - U.S. Army Corps of Engineers)

We at ContractsProf Blog love to highlight recent scholarship by our readers! If you are the author of a recent work of contracts or commercial law scholarship that you have posted on SSRN, send me (Mark Edwin Burge) a copy of your abstract along with an SSRN link, and we may spotlight your work here. Today's spotlight is on a new article by Steven W. Feldman.

Spotlight2

Laws as Implied Contract Terms: The Divergent Approaches and a Proposed Solution

University of Pennsylvania, Journal of Business Law, Vol. 19 Issue No. 4, Forthcoming

Steven W. Feldman (U.S. Army Corps of Engineers)

Available at SSRN: https://ssrn.com/abstract=2926643

Abstract

The great majority of state and federal courts accept the common law rule that courts in construing contracts may incorporate relevant, unmentioned laws as implied contract terms. Dating back to the early nineteenth century, this principle of contract construction is said to be a basic legal concept of longstanding and accepted use. 

SteveFeldmanDespite the doctrine’s pervasive theoretical and practical importance as a silent factor in every contract, courts have failed to articulate a consistent, convincing policy and doctrinal rationale. Most courts also have overlooked numerous doctrinal deficiencies, gaps, and contradictions and they have not acknowledged the decisions restricting or even rejecting the precept. Similarly, no commentator has provided an in-depth treatment even though there are nearly 1200 decisions on this topic.

This Article is the first effort in the literature to undertake a comprehensive descriptive and normative analysis of what will be called the “implied incorporation doctrine.” Replete with presumptions and legal fictions, the principle is an uneasy merger of the rules of statutory and contract construction. This problematic melding of statutory and contractual principles is the main reason for the divergent approaches and doctrinal contradictions. After canvassing the key issues surrounding the principle, I will propose a uniform formulation that better maintains the legal and logical differences between laws and contract.

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

Thursday, March 23, 2017

Weekly Top Ten SSRN Contracts Downloads (March 23, 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
22 Jan 2017 through 23 Mar 2017

Rank Downloads Paper Title
1 278 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 236 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
3 207 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
4 197 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 187 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
6 175 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
7 162 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn
8 161 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
9 157 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
10 148 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo

 

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
22 Jan 2017 through 23 Mar 2017

Rank Downloads Paper Title
1 278 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 252 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
3 207 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
4 197 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 187 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
6 175 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
7 157 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
8 148 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
9 137 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)
10 135 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School

March 23, 2017 in Recent Scholarship | Permalink | Comments (0)

Wednesday, March 22, 2017

Robert Brain (Loyola Los Angeles) - KCON Scholarship Spotlight

The conference is over but the scholarship lives on. This is one of a series of posts highlighting several KCON XII presenters who graciously provided me with abstracts or summaries of their presentations.

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A PROPOSAL TO ELIMINATE UCC § 2-315

Robert Brain, Loyola Law School, Los Angeles

            It is my contention that UCC § 2-315, the provision on the implied warranty of fitness for a particular purpose, is: (1) unnecessary; and (2) causes more problems than it solves.  As such, I believe it should be eliminated from the UCC.

Bob Brain (Loyola LA)             The implied warranty of fitness for a particular purpose is unnecessary because a fitness case is, in truth, an express warranty case and can be analyzed under § 2-312.  The only difference from what the Code now recognizes as an express warranty situation and a fitness situation is that the attribute of the good comes initially from the buyer and not the seller.  However, in both cases that parties are contracting based on a shared belief that the good has certain, specified (not implied) qualities.  This can be seen by the two situations below:

             Situation One: A scuba diver walks into a dive shop, looking for a watch that will be waterproof down to 200 feet. She tells the sales associate that she’s looking for a watch for a deep dive.  The clerk says, “This one is guaranteed to be watertight down to 200 feet.” She buys the watch.

             Situation Two: The same woman walks into the same shop and talks to the same associate.  She says, “I’m doing deep diving, and am looking for a dive watch that will stay watertight down to 200 feet.”  The associate picks up the same watch as before, and says, “Here you go.”  The woman buys the watch.

            If the watch starts leaking at 60 feet, under current law, the woman would sue for breach of express warranty under Situation One, but would have to sue for breach of the implied warranty of fitness under Situation Two. The legitimate expectation of the consumer is identical in the two situations and should be analyzed identically.  If the words and actions of the associate in Situation Two are taken as affirming the 200 foot watertight attribute initially broached by the buyer, there is no difference between the two. As such, what are now fitness cases could, and should, be analyzed as breaches of express warranty.

            Conceptually it is difficult to justify the fitness warranty as an “implied” warranty.  In the merchantability cases under § 2-314, it is the attribute of the good – that it is of ordinary quality, for example – that is implied into the transaction.  But under § 2-315, the attribute of the good is expressed; what is “implied” is some representation by the seller as to that expresses attribute, but as noted above, the words and actions of the seller can easily be viewed as communicating that the seller is warranting the attribute under existing law.  It is an “implied” warranty in the same way we say a contract by conduct is an “implied-in-fact” contract.  But we treat implied-in-fact contracts as if they were express contracts, and we should so the same for fitness.

             Another issue is that courts have problems determining whether particular cases should be analyzed as a fitness or a merchantability case.  For example, suppose the buyer asks for “heavy-duty hiking boots” and suppose the shoes come apart upon their first wearing.  Is the proper claim that the boots are not fit as ordinary heavy-duty hiking boots (or even as just boots), or is it a fitness problem because they do not measure up as heavy-duty boots?  Courts have struggled with this issue from the first English case in which the fitness warranty was birthed. 

March 22, 2017 in Conferences, Contract Profs, Recent Scholarship | Permalink

Thursday, March 16, 2017

Weekly Top Ten SSRN Contracts Downloads (March 16, 2017)

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SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

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

Rank Downloads Paper Title
1 263 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 225 Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation
Annemarie Bridy
University of Idaho College of Law
3 193 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
4 182 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 162 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
6 158 Copyright Survives: Rethinking the Copyright-Contracts Conflict
Guy A. Rub
Ohio State University (OSU) - Michael E. Moritz College of Law
7 153 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn
8 147 Understanding the Consumer Review Fairness Act of 2016
Eric Goldman
Santa Clara University - School of Law
9 146 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
10 145 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo

 

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
15 Jan 2017 through 16 Mar 2017

Rank Downloads Paper Title
1 263 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 193 Choice of Law in the American Courts in 2016: Thirtieth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 182 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
4 162 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
5 146 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
6 145 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
7 134 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
8 110 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)
9 109 History and Theory of Good Faith Performance in the United States
Steven J. Burton
University of Iowa - College of Law
10 83 Contract Exposition and Formalism
Gregory Klass
Georgetown University Law Center

March 16, 2017 in Recent Scholarship | Permalink | Comments (0)

Friday, March 10, 2017

Deborah Zalesne (CUNY) - KCON Scholarship Spotlight

The conference is over but the scholarship lives on. This is one of a series of posts highlighting several KCON XII presenters who graciously provided me with abstracts or summaries of their presentations.

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Choosing “Choice” in the Age of ART: Designer Babies and the Case for Genetic Selection

Deborah Zalesne (City University of New York School of Law)

ABSTRACT 

While rapidly developing Assisted Reproductive Technology (“ART”) such as in vitro fertilization, surrogacy, artificial insemination, IUI, fertility medication, intracytoplasmic sperm injection, cryopreservation, and pre-implantation genetic diagnosis, offer new pathways to parenthood, this capacity has challenged our collective notions about family. Ethical questions that arise require rethinking the traditional view of family as something “organic” and “natural” and as a “self-contained unit.”

Deborah Zalesne (CUNY)New technologies allow for far-reaching reproductive decision-making that was not possible even a generation ago. Parents can now select the sex, race, or other characteristics of an embryo to be implanted. Parents can also choose to cryopreserve their embryos to allow for implantation in the future, or choose to terminate or reduce a pregnancy because of birth defects or multiples. With the opportunities presented by reproductive autonomy and choice come legal and ethical chaos of sorts, and a division that pits consent against state and public interest.

As these technologies develop, questions arise as to whether, as a society, we should allow market forces and private contracting to control their use – in effect allowing the market to decide what is right or wrong. Is leaving development of reproductive technology to the demands of the market equivalent to saying nothing is right or wrong – only efficient or inefficient, wealth maximizing, or not wealth maximizing? Or, rather, does the market represent the natural course of change and the inevitable direction of society, with regulation of technology in these areas simply inhibiting progress? There is no single answer to these questions that can be applied across the board to all the various existing and emerging technologies.  I argue, however, that where there is tension between individual reproductive choice and other moral values, the use of reproductive technologies is most often best left to the choice of individuals and the innovation of the market. 

My presentation highlights some of the ethical issues that arise from the reproductive capabilities that have developed over the past decades, focusing specifically on the unique ethical issues that arise from pre-implantation genetic testing. (I will also briefly discuss ethical issues surrounding gamete donation and surrogacy, which can result in more than two legal or biological parents; the creation, selection, freezing, and destruction of embryos; and prenatal testing, selective abortion and selective reduction.) Much of the resistance to these technologies stems from long-held and deeply ingrained beliefs about the purity of reproduction and motherhood. As technology continues to create reproductive possibilities that were once unheard of or considered fantasy, the purity of motherhood, pregnancy, reproduction, and family are threatened, creating controversy and debate. My talk examines some potentially troubling contract clauses that can give reproduction choices to intended parents that did not exist before technology facilitated it. I attribute some of the resulting ethical concern to societal hesitance to deviate from traditional family norms, looking specifically at the sacredness of motherhood and primacy of biology in definitions of parenthood.

Ultimately, I argue for emphasis on consent and market freedom, and for more rigorous and consistent enforcement of reproductive agreements. The law, by its nature, is slow to respond and slow to capture societal mood, which is constantly evolving. Artificial insemination, for example, was originally, over a century ago, thought to be scandalous, but opinions softened eventually. Since law necessarily lags behind social momentum, family law and regulation are often ill equipped to address adequately the myriad ethical issues that have arisen and are likely to arise as technology advances further. Even as family law adapts, it will never be able to keep pace with the rapid developments happening in reproductive technology and accommodate all possible non-normative relationships, ever growing based on cultural and social shifts, and made even more accessible through technology. Regulation of new technologies can thwart progress, inhibiting the development of important medical procedures. Consent, market forces, and contract law, on the other hand, which are based on individual needs, individual desires, and societal demand, are the best arena for dealing with rapid technological momentum.

People have a fundamental right, both morally and legally, to privacy and freedom when it comes to reproduction, so intervention where there are private reproductive agreements is not usually justified. Individual choice should guide reproduction (whether natural or artificially mediated), and a free market and private contracting are the best vehicles for delivering assisted reproductive services and for responding to individual choice. Assisted reproduction, like sexual reproduction, is not a social enterprise. Although it often involves more than two parties, it is still based on private arrangements and should be governed by rules of privacy and autonomy. 

The SSRN link to the full paper is: http//ssrn.com/abstract=2930290

March 10, 2017 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (1)