ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, May 27, 2016

Scholarship Spotlight: What We Buy When We 'Buy Now' (Aaron Perzanowski - Case Western & Chris Jay Hoofnagle - Cal-Berkeley)

BuyNowButtonBlueContracts in the digital age continue to raise novel issues of mutual assent and interpretation, and misunderstanding by individual users crosses over into consumer law as well.  In What We Buy When We 'Buy Now, authors Aaron Perzanowski (Case Western) and Chris Jay Hoofnagle (California - Berkeley) generate and analyze empirical data on consumer understanding of contracts for digital wares, concluding that this area is ripe for action by the Federal Trade Commission. Here is the authors' abstract:

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent — it depends on shifting business models, the success and failure of platforms, and often on the maintenance and availability of DRM authentication systems years after the consumer clicked “buy now.”

This article presents the results of the first-ever empirical study of consumers' perceptions of the marketing language used by digital media retailers. We created a fictitious Internet retail site, surveyed a nationally representative sample of nearly 1300 online consumers, and analyzed their perceptions through the lens of false advertising and unfair and deceptive trade practices. The resulting data reveal a number of insights about how consumers understand and misunderstand digital transactions. A surprisingly high percentage of consumers believe that when they “buy now,” they acquire the same sorts of rights to use and transfer digital media goods that they enjoy for physical goods. The survey also strongly suggests that these rights matter to consumers. Consumers are willing to pay more for them and are more likely to acquire media through other means, both lawful and unlawful, in their absence. Our study suggests that a relatively simple and inexpensive intervention — adding a short notice to a digital product page that outlines consumer rights in straightforward language — is an effective means of significantly reducing consumers’ material misperceptions.

Sales of digital media generate hundreds of billions in revenue, and some percentage of this revenue is based on deception. Presumably, if consumers knew of the limited bundle of rights they were acquiring, the market could drive down the price of digital media or generate competitive business models that offered a different set of rights. We thus turn to legal interventions, such as state false advertising law, the Lanham Act, and federal unfair and deceptive trade practice law as possible remedies for digital media deception. Because of impediments to suit, including arbitration clauses and basic economic disincentives for plaintiffs, we conclude that the Federal Trade Commission (FTC) could help align business practices with consumer perceptions. The FTC’s deep expertise in consumer disclosures, along with a series of investigations into companies that interfered with consumers’ use of media through digital rights management makes the agency a good fit for deceptions that result when we “buy now.”

Professors Perzanowski's and Hoofnagle's article is forthcoming in the University of Pennsylvania Law Review in 2017, but you can download their current draft here.

May 27, 2016 in E-commerce, Recent Scholarship | Permalink | Comments (1)

Thursday, May 26, 2016

Weekly Top Ten SSRN Contracts Downloads (May 26, 2016)

Top-10 Cube Letters

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

1 2,708 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
2 467 What We Buy When We 'Buy Now'
Aaron Perzanowski and Chris Jay Hoofnagle
Case Western Reserve University School of Law and University of California, Berkeley - School of Information
3 187 How Do LLC Owners Contract Around Default Statutory Protections?
Peter Molk
Willamette University - College of Law
4 124 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
5 119 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
6 90 Understanding Privacy Policies: Content, Self-Regulation, and Markets
Florencia Marotta-Wurgler
New York University School of Law
7 84 (In)Efficient Breach of Contract
Daniel Markovits and Alan Schwartz
Yale Law School and Yale Law School
8 83 Immoral Promises
Enrique Guerra-Pujol
University of Central Florida
9 80 Probate Lending
David Horton and Andrea Cann Chandrasekher
University of California, Davis - School of Law and University of California, Davis - School of Law
10 70 Noncompetes in the U.S. Labor Force
Evan P Starr, Norman Bishara and J.J. Prescott
University of Maryland Robert H Smith School of Business, The Stephen M. Ross School of Business at the University of Michigan and University of Michigan Law School

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 412 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 147 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 136 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 125 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 115 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 114 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
7 111 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 89 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 76 Farewell to Unjustified Enrichment?
Nils Jansen
University of Muenster
10 75 The Common Law of Contract and the Default Rule Project
Alan Schwartz and Robert E. Scott
Yale Law School and Columbia University - Law School

May 26, 2016 in Recent Scholarship | Permalink | Comments (0)

Wednesday, May 25, 2016

Scholarship Spotlight: Freedom of Contract Under the Federal Arbitration Act (Steven W. Feldman)

Arbitration-Shadow1For a topic that--superficially, at least--is a dry matter of procedure, arbitration provokes a great amount of spirited debate from both its proponents and detractors. I freely admit to falling on the side of the detractors, but that is not necessarily the home for all of our readers. A recently-published article in the Michigan State Law Review by Steven W. Feldman (U.S. Army Corps of Engineers) not only provides a welcome perspective from a blog reader outside the bubble of academia, but he also articulates a position far more favorable to the current state of Supreme Court jurisprudence under the Federal Arbitration Act than do some of us who frequently find the sky to be falling.  Here is Feldman's abstract:

SteveFeldmanIn her article, Disappearing Claims and the Erosion of Substantive Law, published in the June 2015 issue of the Yale Law Journal, J. Maria Glover argues that the Court’s recent arbitration decisions reflect a “fundamental shift” in the normative prerogatives that support “the Court’s freedom-of-contract conception of arbitration.” The Court, she asserts, has devised the view that “such freedom enabled private parties to change the mechanisms of adjudication, but not to change the scope of obligations under substantive law.” Glover is especially critical that the Court’s recent decisions have “[a]bandoned [the] descriptive and normative premise that freedom of contract was justified in the arbitration context because it would result in more cost-effective procedures for ‘settling’ disputes.”

This Article responds that Glover’s key premises and conclusions are unsupported. Instead, the Court has endorsed the major principles of freedom of contract in its arbitration jurisprudence. The better view is that (1) freedom of contract in arbitration cases properly construed is not limited to devising streamlined cost-effective procedures but is broadly construed to allow parties the leeway to select the terms governing the arbitration; (2) the need to enforce the parties’ mutual assent exists independently from arbitral efficiency, and the enforcement of mutual assent takes priority over arbitral efficiency when there is a conflict; (3) pure freedom of contract (which Glover says is the current state of the law) does not exist because many limits from law and public policy (largely unmentioned by Glover) maintain the integrity of the arbitral process; and (4) Italian Colors is a legitimate evolution, and not a revolution, in FAA practice and procedure.

The complete article, Steven W. Feldman, Italian Colors and Freedom of Contract under the Federal Arbitration Act: Has the Supreme Court Enabled Disappearing Claims and the Erosion of Substantive Law?, is now in print at 2016 MICH. ST. L. REV. 109 and is available for download here.

 

May 25, 2016 in Recent Scholarship | Permalink | Comments (0)

Friday, May 20, 2016

Scholarship Spotlight: "The Arbitration Bootstrap" (Christopher R. Leslie, UC-Irvine)

Arbitration-clause-300x200The federal law of arbitration has become an increasingly prominent intruder into the state law of contracts over the last few decades, largely because of the Supreme Court's interpretive morphing of the Federal Arbitration Act into a super-statute that elevates contractual arbitration clauses to a privileged and practically unassailable realm. In a recently published article in the Texas Law Review, Christopher R. Leslie (University of California - Irvine) posits--correctly, in my opinion--that courts have overreached in construing congressional intent behind the FAA. He also proposes specific limitations on otherwise unconscionable contract terms that have been "bootstrapped" onto an arbitration clause in the post-Concepcion era. Here is the abstract:

ChristopherRLeslie(UCIrvine)Arbitration clauses in contracts require consumers to waive their rights to bring litigation in court. The clauses are often unavoidable because firms include arbitration clauses in contracts of adhesion. In recent years, firms have begun to load their arbitration clauses with unconscionable terms unrelated to arbitration itself. For example, firms insert terms that shorten statutes of limitations, reduce damages, or prohibit injunctive relief. These contract terms are considered unconscionable – and, thus, unenforceable – in many states. However, the Supreme Court has interpreted the Federal Arbitration Act (the FAA) to require judicial deference to arbitration clauses. Consequently, many courts allow firms to bootstrap unenforceable contract terms into an enforceable arbitration clause in order to make those unconscionable contract terms enforceable.

The Supreme Court has invoked the legislative intent of the 1925 Congress in order to assert that the FAA applies to consumer contracts. Courts have further suggested that Congress intended arbitration clauses to be enforced as written and that this requires deference to anti-consumer terms that would otherwise be found unconscionable under state law. Finally, the Supreme Court has asserted that the FAA preempts all state efforts to police arbitration clauses, including basic notification requirements.

This Article examines the actual legislative history of the FAA and explains that Congress never intended the FAA to apply to consumer contracts. Congress was exclusively concerned with the enforceability of arbitration agreements between sophisticated businesses in commercial disputes. Congress never considered the possibility that retailers would impose mandatory arbitration clauses on their customers, let alone that these arbitration clauses would be structured to limit damages, to truncate statutes of limitation, or to otherwise remove procedural protections from consumers. The congressional intent that courts should enforce anti-consumer terms in arbitration clauses is an imagined one.

The Article concludes that courts should stop asserting that the FAA mandates enforcement of unconscionable terms so long as they reside in an arbitration clause. When confronting unconscionable terms in arbitration clauses, courts can take one of three actions: enforce the unconscionable terms; sever the unconscionable terms; or strike the arbitration clause as a whole because it is so overrun by unconscionable terms. The Article explains why only the latter two options are consistent with Congressional intent and good public policy.

The Arbitration Bootstrap is available for SSRN download here, and it is in print as 94 Texas L. Rev. 265 (2016).

May 20, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 19, 2016

Weekly Top Ten SSRN Contracts Downloads (May 19, 2016)

TopTen Stamp-808x455

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 423 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 180 How Do LLC Owners Contract Around Default Statutory Protections?
Peter Molk
Willamette University - College of Law
3 167 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
4 138 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
5 119 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 118 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
7 118 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 116 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 83 Understanding Privacy Policies: Content, Self-Regulation, and Markets
Florencia Marotta-Wurgler
New York University School of Law
10 78 (In)Efficient Breach of Contract
Daniel Markovits and Alan Schwartz
Yale Law School and Yale Law School

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 412 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 147 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 136 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 125 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 115 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 114 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
7 111 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 89 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 76 Farewell to Unjustified Enrichment?
Nils Jansen
University of Muenster
10 75 The Common Law of Contract and the Default Rule Project
Alan Schwartz and Robert E. Scott
Yale Law School and Columbia University - Law School

May 19, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 12, 2016

Scholarship Spotlight: The Role of The CISG in U.S. Contract Practice: An Empirical Study (John F. Coyle, UNC)

Cisg_logoOngoing globalization and increasing importance of international trade has led to calls for a greater international component to the Contracts curriculum in U.S. law schools. The United Nations Convention on the International Sale of Goods (CISG) has been one of the chief beneficiaries of those calls. CISG coverage in a Contracts course, after all, singlehandedly adds treaties, international trade, and comparative law perspectives to the traditional course materials. A fair question, however, is to what extent the CISG has become relevant to the actual businesses in America--future clients of many of our students. Fortunately, John F. Coyle of the University of North Carolina has analyzed and written about some enlightening empirical evidence on that question.  Here is the abstract:

JohnFCoyle (UNC)The United Nations Convention on Contracts for the International Sale of Goods (CISG) operates as an “international” version of UCC Article 2 — it supplies the governing law when a U.S. company enters into a contract for the sale of goods with a foreign counterparty. Scholars have long debated the role that the CISG plays in contract practice in the United States. Some argue that the CISG has come to be embraced, if slowly, by U.S. lawyers. Others contend that the CISG has yet to achieve widespread acceptance within the U.S. legal community. Prior studies have sought to resolve this debate by looking to surveys of practicing attorneys. This Essay seeks to shed light on this question by looking to actual contracts entered into by U.S. companies.

The Essay draws upon a hand-collected dataset of more than 5,000 contracts — along with interviews with several lawyers who had a hand in their drafting — in an attempt to better understand the role that the CISG plays in U.S. contract practice. The Essay shows that: (1) many U.S. companies reflexively exclude the CISG without inquiring as to whether it would apply of its own force, (2) U.S companies virtually never select the CISG as the law to govern their agreements, (3) there is no industry or geographic location within the United States where the CISG has been affirmatively embraced, (4) some U.S. companies that had selected the CISG in the past now have a policy of excluding it from their contracts, and (5) U.S. companies are frequently unaware that selecting the law of a U.S. state can result in the application of the CISG.

These findings suggest a number of important insights. First, they show that past surveys of U.S. lawyers dramatically overstate the extent to which the CISG has gained acceptance within the U.S. legal community. Second, they indicate that contract practice with respect to the CISG can and does vary from nation to nation. The dataset contracts show that Chinese solar companies, in contrast to their U.S. counterparts, have embraced the CISG. Third, and finally, they highlight the potential unfairness of requiring unsophisticated U.S. companies to litigate international contract disputes under a set of treaty rules that are routinely avoided by their more sophisticated brethren.

Professor Coyle's article, The Role of The CISG in U.S. Contract Practice: An Empirical Study is available as an SSRN download here and is forthcoming in the University of Pennsylvania Journal of International Law.

May 12, 2016 in Recent Scholarship | Permalink | Comments (0)

Weekly Top Ten SSRN Contracts Downloads (May 12, 2016)

Top-10 Scrolling

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 418 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 176 How Do LLC Owners Contract Around Default Statutory Protections?
Peter Molk
Willamette University - College of Law
3 160 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
4 143 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
5 137 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
6 117 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
7 117 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
8 115 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
9 95 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
10 79 Will-Substitutes and Creditors: Canada and the US
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 412 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 147 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 136 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 125 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 115 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 114 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
7 111 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 89 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 76 Farewell to Unjustified Enrichment?
Nils Jansen
University of Muenster
10 75 The Common Law of Contract and the Default Rule Project
Alan Schwartz and Robert E. Scott
Yale Law School and Columbia University - Law School

May 12, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, May 5, 2016

Weekly Top Ten SSRN Contracts Downloads (May 5, 2016)

Top-10

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 414 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 150 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project 
3 146 How Do LLC Owners Contract Around Default Statutory Protections?
Peter Molk
Willamette University - College of Law 
4 142 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
5 137 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
6 125 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
7 116 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
8 114 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
9 113 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
10 98 The Culture of Private Law
Amnon Lehavi
Interdisciplinary Center Herzliyah - Radzyner School of Law

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 412 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 147 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 136 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 125 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 115 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 114 Contract as Empowerment
Robin Bradley Kar
University of Illinois College of Law
7 111 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 89 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 76 Farewell to Unjustified Enrichment?
Nils Jansen
University of Muenster
10 75 The Common Law of Contract and the Default Rule Project
Alan Schwartz and Robert E. Scott
Yale Law School and Columbia University - Law School

May 5, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, April 28, 2016

Weekly Top Ten SSRN Contracts Downloads (April 28, 2016)

  Top Ten Logo 2

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 410 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 143 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 137 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
4 134 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
5 122 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
6 111 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
7 109 How Do LLC Owners Contract Around Default Statutory Protections?
Peter Molk
Willamette University - College of Law
8 105 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
9 102 Contract as Empowerment: The Basic Theory
Robin Bradley Kar
University of Illinois College of Law
10 96 Realizing Rationality: An Empirical Assessment of International Commercial Mediation
S.I. Strong
University of Missouri School of Law

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 410 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 143 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 134 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 122 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 111 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 105 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
7 102 Contract as Empowerment: The Basic Theory
Robin Bradley Kar
University of Illinois College of Law
2016
8 86 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabruck
9 76 Farewell to Unjustified Enrichment?
Nils Jansen
University of Muenster
10 74 Immorality of Contracts in Europe
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

April 28, 2016 in Recent Scholarship | Permalink

Friday, April 22, 2016

Weekly (Usually) Top Ten SSRN Contracts Downloads (April 22, 2016)

Top Ten Logo 1

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 395 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 139 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 132 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 130 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
5 117 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
6 107 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
7 98 Contract as Empowerment: The Basic Theory
Robin Bradley Kar
University of Illinois College of Law
8 96 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
9 94 Realizing Rationality: An Empirical Assessment of International Commercial Mediation
S.I. Strong
University of Missouri School of Law
10 92 The Culture of Private Law
Amnon Lehavi
Interdisciplinary Center Herzliyah - Radzyner School of Law

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 395 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 139 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
3 132 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 117 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 107 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
6 98 Contract as Empowerment: The Basic Theory
Robin Bradley Kar
University of Illinois College of Law
7 96 Illegality as a Defence in Contract
Andrew Burrows
University of Oxford - Faculty of Law
8 85 The Rules of the Game and the Morality of Efficient Breach
Gregory Klass
Georgetown University Law Center
9 83 Revisiting the Penalty Rule
John Eldridge
University of Adelaide, School of Law, Students
10 76 The Rise of the Platform Economy: A New Challenge for EU Consumer Law?
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk Zoll
University of Osnabrück - European Legal Studies Institute, European Legal Studies Institute Osnabrueck / Radboud University Nijmegen, Universität Osnabrück - European Legal Studies Institute and Universität Osnabrück

April 22, 2016 in Recent Scholarship | Permalink | Comments (0)

Friday, April 8, 2016

Weekly Top Ten SSRN Contracts Downloads (April 8, 2016)

Top-10-gold-logo

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 386 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 175 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
3 156 The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
Jay Lawrence Westbrook and Kelsi M Stayart
University of Texas at Austin School of Law and University of Texas at Austin, School of Law, Student 2015
4 121 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
5 117 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
6 110 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
7 106 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
8 101 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
9 93 (Mis)perceptions of Law in Consumer Markets
Oren Bar-Gill and Kevin E. Davis
Harvard Law School and New York University School of Law
10 86 Realizing Rationality: An Empirical Assessment of International Commercial Mediation
S.I. Strong
University of Missouri School of Law

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 386 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 174 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
3 121 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
4 110 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
5 106 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
6 101 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
7 81 The Rules of the Game and the Morality of Efficient Breach
Gregory Klass
Georgetown University Law Center
8 73 Revisiting the Penalty Rule
John Eldridge
University of Adelaide, School of Law, Students
9 72 Smart Contracts: A Preliminary Evaluation
Maria Letizia Perugini and Paolo Dal Checco
University of Bologna - Research Center of History of Law, Philosophy and Sociology of Law, and Computer Science and Law (CIRSFID) and University of Turin - Interfaculty School of Strategic Science SUISS
10 70 The Future of Pre-Contractual Information Duties: From Behavioural Insights to Big Data
Christoph Busch
University of Osnabrück - European Legal Studies Institute

April 8, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, March 31, 2016

Weekly Top Ten SSRN Contracts Downloads (March 31, 2016)

Top Ten Logo 1

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 371 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 368 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
3 246 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
4 169 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 152 The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
Jay Lawrence Westbrook and Kelsi M Stayart
University of Texas at Austin School of Law and University of Texas at Austin, School of Law, Student 2015
6 110 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 105 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
8 89 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
9 88 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
10 88 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 371 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
2 368 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
3 246 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
4 168 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 105 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School
6 94 Disgorgement of Profits in Canada
Lionel Smith and Jeff Berryman
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law and University of Windsor - Faculty of Law
7 89 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
8 88 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
9 88 Algorithmic Contracts
Lauren Henry Scholz
Yale University - Information Society Project
10 79 The Rules of the Game and the Morality of Efficient Breach
Gregory Klass
Georgetown University Law Center

March 31, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, March 24, 2016

Weekly Top Ten SSRN Contracts Downloads (March 24, 2016)

Top-10

SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 364 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
2 356 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
3 217 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
4 157 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 139 The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
Jay Lawrence Westbrook and Kelsi M Stayart
University of Texas at Austin School of Law and University of Texas at Austin, School of Law, Student 2015
6 105 Trusting Big Data Research
Neil M. Richards and Woodrow Hartzog
Washington University in Saint Louis - School of Law and Samford University - Cumberland School of Law
7 102 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
8 96 Contract, Consent, and Fiduciary Relationships
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
9 84 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
10 80 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 364 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
2 356 Major League Soccer as a Case Study in Complexity Theory
Steven A. Bank
University of California, Los Angeles (UCLA) - School of Law
3 217 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
4 157 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 102 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
6 94 Disgorgement of Profits in Canada
Lionel Smith and Jeff Berryman
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law and University of Windsor - Faculty of Law
7 84 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
8 80 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
9 76 The Rules of the Game and the Morality of Efficient Breach
Gregory Klass
Georgetown University Law Center
10 76 The Logic of Contract in a World of Treaties
Julian Arato
Brooklyn Law School

March 24, 2016 in Recent Scholarship | Permalink | Comments (0)

Friday, March 18, 2016

Algotrithmic Contracts by Lauren Henry Scholz (Updated Post)

Lauren_Henry_Scholz (Yale)Recently, I posted about an article-in-progress Lauren Henry Scholz, currently Resident Fellow and Knight Law and Media Scholar at the Information Society Project at Yale Law School. The article is now available on SSRN here. Algorithmic Contracts addresses topics that will be of great interest to many readers of this blog. She not only tackles the fiscally important development of technological automation of contracting processes, but she also wades into the significant implications of computer-facilitated formation for traditional contract doctrine. Here is her updated abstract accompanying the article:

Algorithmic contracts are contracts in which one or more parties use an algorithm as a negotiator to choose which terms to offer or accept, or as a gap-filler, allowing the parties to explicitly agree to the results of an algorithm as part of a contract. Such agreements are already an important part of today’s economy. Areas where algorithmic contracts are already common are high speed trading of financial products and dynamic pricing in consumer goods and services. However, contract law doctrine does not currently have an approach to evaluating and enforcing algorithmic contracts. This Article fills this significant gap in doctrinal law and legal literature.

This article provides a taxonomy of algorithmic contracts. This task is required because different types of algorithmic contracts present different challenges to contract law. While many algorithmic contracts are readily handled by standard contract doctrine, some require additional interpretive work. Algorithms can be employed in contract formation as either mere tools or artificial agents. This distinction is based on the predictability and complexity of the decision-making tasks assigned to the algorithm. Artificial agents themselves can be clear box, when inner components or logic are decipherable by humans, or black box, where the logic of the algorithm is functionally opaque. While courts and policy makers should be mindful of the specific characteristics of algorithmic contracts in their interpretation and enforcement, traditional contract law provides adequate tools to address most algorithmic contracts.

The algorithmic contracts that present the most significant problems for current contract law are those that involve black box algorithmic agents choosing contractual terms on behalf of one or more parties. The classical interpretation of contract doctrine, which justifies contract as an expression of human will, finds that these algorithmic contracts are not properly formed at law and thus cannot be enforced in contract. This is because where algorithms serve as quasi-agents to principals in making decisions the principals have not manifested the intent to be bound at the level of specificity that contract law requires. Algorithms are not persons, and so cannot consent beyond the scope of the principal’s manifested objectives, as true agents can. Furthermore, policy considerations of efficiency and fairness in light of technological trends also supports presumptive exclusion of black box algorithmic contracts from contract law.

SmartcontractsHowever, even some black box contracts may be enforceable. This Article proposes a model for determining whether such agreements may be enforced. The approach evaluates the fit between the black box algorithm’s actions and the objectively manifested intent of the party using it to determine whether a contract can be implied. This approach draws inspiration from and contributes to the literature on artificial agents and implied-in-fact contract doctrine. Where a contract cannot be implied, restitution law and tort law allow justice to be done as between the parties. This offers a predictable approach to the enforcement of black box algorithmic contracts at law while promoting efficiency and fairness concerns in a manner traditional contract law cannot.

Common law courts and state legislatures should update their approach to algorithmic contracts. The American Law Institute and other groups that seek to promote best practices in state private law should update contract and commercial law statements to expressly address algorithmic contracts. Businesses should strengthen their positions in negotiations as well as in court by clarifying their objectives in using algorithms. Giving businesses the incentive to make their objectives clear will aid in ascribing liability in all areas of law and promote responsible use of algorithms.

Personally, I’m very sympathetic to the suggestion that the computer-enhanced contracts addressed by Scholz are ripe for their own variations on standard interpretive rules. Traditional doctrine did not contemplate and is not necessarily adaptable to the technological possibilities that are now upon us. This looks to be an exciting and relevant topic. You can view this article and Lauren Scholz’s other scholarship here.

March 18, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, March 17, 2016

Weekly Top Ten SSRN Contracts Downloads (March 17, 2016)

Top-ten-greenSSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 347 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
2 199 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
3 149 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
4 135 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
5 98 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
6 95 Trusting Big Data Research
Neil M. Richards and Woodrow Hartzog
Washington University in Saint Louis - School of Law and Samford University - Cumberland School of Law
7 91 The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
Jay Lawrence Westbrook and Kelsi M Stayart
University of Texas at Austin School of Law and University of Texas at Austin, School of Law, Student 2015
8 88 Global Commercial Law between Unity, Pluralism, and Competition: The Case of the CISG
Gralf-Peter Calliess and Insa Buchmann
University of Bremen - Faculty of Law and Max Planck Institute for European Legal History
9 76 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
10 73 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School

 

SSRN Top Downloads For SSRN Logo (small)
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 347 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
2 199 Contracting for the ‘Internet of Things’: Looking into the Nest
Guido Noto La Diega and Ian Walden
Buckinghamshire New University, Department of Law and Queen Mary University of London, School of Law
3 149 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
4 135 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
5 98 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
6 93 Disgorgement of Profits in Canada
Lionel Smith and Jeff Berryman
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law and University of Windsor - Faculty of Law
7 88 Global Commercial Law between Unity, Pluralism, and Competition: The Case of the CISG
Gralf-Peter Calliess and Insa Buchmann
University of Bremen - Faculty of Law and Max Planck Institute for European Legal History
8 76 The New EU Proposal for Harmonised Rules for the Online Sales of Tangible Goods (COM (2015) 635): Conformity, Lack of Conformity and Remedies
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
9 73 Contracts Without Terms
Tess Wilkinson‐Ryan
University of Pennsylvania Law School
10 70 The Rules of the Game and the Morality of Efficient Breach
Gregory Klass
Georgetown University Law Center

March 17, 2016 in Recent Scholarship | Permalink

Wednesday, March 16, 2016

KCON Highlights VII: Intenational Contract Law; Public Policy Considerations

Southwestern-law-school-logoWe now reach the last of our series of posts highlighting the proceedings at the KCON XI: The Eleventh International Conference on Contracts, with videos covering the final concurrent sessions held on Saturday, February 27, 2016. This ending is a worthwhile moment point to note that KCON XII is set for next February at Southwestern Law School in Los Angeles. I hope we will get to see many of you in southern California next year! Details will certainly show up in this space.

International Contract Law

  • Moderator: Mark Burge, Texas A&M University
  • Pablo Lerner, Ramat Gan School of Law, Constructive Trusts in Israeli Land Contracts – Contract as Key
  • Dr. Lachmi Singh-Rodrigues, University of West of England, Avoidance of the Contract and the Seller’s Right to Cure Under the CISG
  • Qi Gao, Beihang University School of Law, Consumer Protection under Chinese Contract Law
  • Watch the panel video

Public Policy Considerations in Contract Law

  • Moderator: David A. Grenardo, St. Mary’s University School of Law
  • Wayne Barnes, Texas A&M University, Arrested Development: Rethinking the Age of Majority in the 21st Century
  • Mayanna Dellinger, University of South Dakota, Contracts to Kill Endangered Species: Public Policy Arguments
  • Joan MacLeod Heminway, The University of Tennessee College of Law, The LLC Operating Agreement and its Relation to Contract
  • Hao Jiang, Tulane University, Freedom of Contract Under State Supervision
  • Watch the panel video

March 16, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Tuesday, March 15, 2016

KCON Highlights VI: Neoliberalism; E-Commerce

Here, we continue our series of posts highlighting the proceedings at KCON XI, which are available courtesy of our friends at St. Mary's University School of Law. This set comes from the second concurrent sessions held on Saturday, February 27, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Neoliberalism word cloudContract Law and Neoliberalism

  • Moderator: Dov Waisman, Southwestern Law School
  • Danielle Hart, Southwestern Law School, Contract Law & Ideology
  • Creola Johnson, The Ohio State Univesity Moritz College of Law, Contractual Duplicity: Creditors Force Consumers into Arbitration While Exploiting the Criminal Justice System to Arrests Consumers Who Cannot Pay
  • Hila Keren, Southwestern Law School, Scalia on Contracts: The Dissemination of Neoliberal Logic
  • Matthew Titolo, West Virginia, Neoliberalism’s Fine Print
  • Watch the panel video

Ecommerce globeE-Commerce

  • Moderator: Colin P. Marks, St. Mary’s University School of Law
  • Daniel Barnhizer, Michigan State University College of Law, Contracts and Automation: Exploring the Normativity of Codability
  • Stacy-Ann Elvy, New York Law School, The Internet of Things (IOT) and Bargaining Disparity
  • Max N. Helveston, DePaul University, Regulating the Digital Marketplace
  • Watch the panel video

March 15, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Monday, March 14, 2016

KCON Highlights V: Contract Theory; Remedies Beyond Expectation Damages

KCON GraphicVideo recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and share those with you here. This set comes from the first concurrent sessions held on Saturday, February 27, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Contract TheoryTheoretical Perspectives on Contract Law

  • Moderator: Jennifer Martin, St. Thomas University
  • Shawn Bayern, Florida State University, The Failure of Law and Economics
  • Sidney DeLong, Seattle University, Jephthah’s Daughter and Morally -Efficient Breach
  • Orit Gan, Sapir College, Peres Academic Center, The Many Faces of Contractual Consent
  • Val D. Ricks, South Texas College of Law, Contract Doctrine as Contract Theory
  • Watch the panel video

Breach of contractRemedies: Beyond Expectation Damages

  • Moderator: Nancy Kim, California Western School of Law
  • Yehuda Adar, University of Haifa, Pre-Contractual Disgorgement
  • Moshe Gelbard, Netanya Academic College School of Law, Pre-Contractual Disgorgement
  • Roger Halson, University of Leeds, UK, Liquidated Damages and “Penalty” Clauses in the UK: A New Approach

Watch the panel video

March 14, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Sunday, March 13, 2016

KCON Highlights IV: Peter Linzer Lifetime Achievement Award; Consumer Protection and the CFPB

Peter LinzerVideo recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and share those with you here. This set comes from the presentation on Friday, February 26, 2016, of the conference's Lifetime Achievement Award to Professor Peter Linzer of the University of Houston Law Center.  In keeping with the theme of honoring Professor Linzer, the presentation is paired with a panel that he moderated on Saturday, February 27, 2016 on the Consumer Financial Protection Bureau. You can view each video by clicking on the link following the applicable description.

Lifetime Achievement Award Ceremony Honoring Peter Linzer (held at the Plaza Club)

Cfpb-logo-squareConsumer Financial Protection Bureau (CFPB), Consumer Contracts, and Arbitration

  • Moderator: Peter Linzer, University of Houston
  • Richard Frankel, Drexel University
  • Ramona Lampley, St. Mary’s University School of Law
  • Jean Sternlight, University of Nevada, Las Vegas
  • Watch the panel video

March 13, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Saturday, March 12, 2016

KCON Highlights III: Virtual Currencies & Emerging Payment Systems; Contract Drafting

Video recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and share those with you here. This set comes from the third concurrent sessions held on Friday, February 26, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Bitcoin_logo1The Impact of Virtual Currencies and Emerging Payment Systems

  • Moderator: Daniel Barnhizer, Michigan State University College of Law
  • Mark Edwin Burge, Texas A&M University, Contract Law in Emerging Payment Systems
  • Catherine Christopher, Texas Tech University, Virtual Currency
  • Angela Walch, St. Mary’s University School of Law, Blockchains as Infrastructure
  • Watch the panel video

Contract DraftingContract Drafting

  • Moderator: Danielle Hart, Southwestern Law School
  • Nadelle Grossman, Marquette University, Transactional Contracts and Textbook Simulation Discussion
  • Russell Korobkin, UCLA School of Law, Bargaining with the CEO: The Case for “Negotiate First, Choose Second”
  • Jane Winn, University of Washington, Framework Contracts and the New Managerial Revolution
  • Watch the panel video

March 12, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)