ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, March 11, 2016

KCON Highlights II: Teaching & Mentoring Innovations; Contract Law in the Administrative Context

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 second concurrent sessions held on Friday, February 26, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Innovations in Teaching and Mentoring

  • Moderator: Robert D. Brain, Loyola Law School Los Angeles
  • Keith A. Rowley, UNLV William S. Boyd School of Law
  • Frank G. Snyder, Texas A&M University
  • Ben Templin, Thomas Jefferson School of Law, The New Pedagogy: Here’s the ball. Let’s play catch
  • Watch the panel video

Contract Law in an Administrative and Regulatory Context

  • Moderator: James W. Fox Jr., Stetson University College of Law
  • Hazel Beh, University of Hawai’i, Insurance as the AntiContract
  • David Friedman, Willamette University College of Law, Refining Advertising Regulation
  • Peter Marchetti, Texas Southern University, Thurgood Marshall School of Law, Bankruptcy “Clawback” Provisions: Congress Needs to Amend Section 546
  • Chris French, Penn State Law, The Illusion of Insurance Contracts
  • Watch the panel video

March 11, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Thursday, March 10, 2016

KCON Highlights I: Student-Centered Contracts Classroom; UCC Article 2 Remedies

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 Friday, February 26, 2016. You can view each video by clicking on the link following the applicable list of speakers.

Professorial Professions: Creating a Student-centered Contracts Classroom

  • Moderator: Hazel Beh, University of Hawai’i
  • Charles Calleros, Arizona State University
  • Myanna Dellinger, University of South Dakota
  • Frank G. Snyder, Texas A&M University
  • Adrian J. Walters, Chicago-Kent College of Law
  • Deborah Post, Touro Law Center, Politically Conscious Pedagogy
  • Watch the panel video

What You Thought You Knew About Remedies in Sales Transactions May Not Be True: Highlights in Article 2 Remedies and Contracting for Limitations

  • Moderator: Mark Burge, Texas A&M University
  • Sidney DeLong, Seattle University, The Notice of Breach Dilemma: Conflict and Cooperation in Eastern Airlines v. McDonnell Douglas
  • Nancy Kim, California Western School of Law, Teaching UCC Remedies from Concept to Clause
  • Colin Marks, St. Mary’s University School of Law, On-Line and As Is
  • Jennifer Martin, St. Thomas University, Opportunistic Resales and the UCC
  • Watch the panel video

March 10, 2016 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Weekly Top Ten SSRN Contracts Downloads (March 10, 2016)

The Weekly Top Ten returns after an administrative slippage last week. Thank you for your patience!

Top10 Storm Troopers

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

Rank Downloads Paper Title
1 548 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 339 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
3 220 Singling Out People Without Knowing Their Names – Behavioural Targeting, Pseudonymous Data, and the New Data Protection Regulation
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
4 165 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
5 142 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
6 132 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
7 123 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
8 97 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
9 89 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
10 87 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

 

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

Rank Downloads Paper Title
1 548 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 339 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
3 165 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
4 142 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 132 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
6 123 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
7 97 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
8 92 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
9 87 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
10 72 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

March 10, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, February 25, 2016

Weekly Top Ten SSRN Contracts Downloads (February 25, 2016)

Top Ten Logo 2

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

Rank Downloads Paper Title
1 537 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 488 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 323 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 166 Singling Out People Without Knowing Their Names – Behavioural Targeting, Pseudonymous Data, and the New Data Protection Regulation
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
5 123 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
6 119 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
7 116 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
8 116 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
9 88 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
10 82 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

 

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

Rank Downloads Paper Title
1 537 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 488 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 323 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 123 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
5 117 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
6 116 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
7 116 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
8 88 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
9 86 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
10 82 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

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

Sunday, February 21, 2016

Algorithmic Contracts by Lauren Henry Scholz

Lauren_Henry_Scholz (Yale)Recently, I had the good fortune to interact with Lauren Henry Scholz, currently Resident Fellow and Knight Law and Media Scholar at the Information Society Project at Yale Law School. Scholz’s in-progress article, 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. The draft is not yet available on SSRN, but Lauren graciously granted me permission to share her current abstract:

Algorithmic contracts are an important part of today's society. Areas where algorithmic contracts are already common are high speed trading of financial products and dynamic pricing. 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.

There are two types of algorithmic contracts. Agent algorithmic contracts are contracts in which one or both parties use an algorithm as an agent to determine terms in a contract, that is, to choose which terms to offer or accept. Term algorithmic contract are contracts in which all parties agree to the results of an algorithm as a contractual term, prior to knowing exactly what the algorithm will yield.

SmartcontractsThe classical interpretation of contract doctrine, which justifies contract as an expression of human will, finds that some 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 relaxing the contract law’s presumption against considering evidence of intent outside the contract in the interpretation of and provision of remedies for algorithmic contracts.

I propose that approaching algorithmic contracts as implied-in-fact contracts in contract law, supported by restitution law and tort law where a contract cannot be implied in fact, offers a predictable approach to the enforcement of 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 accordingly. The American Law Institute and other groups that seek to promote best practices in state private law should update tort, 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, so I look forward to seeing the final product. Although Algorithmic Contracts is itself still in development, you can in the meantime view Lauren Scholz’s other scholarship here.

February 21, 2016 in E-commerce, Recent Scholarship, Web/Tech | Permalink | Comments (0)

Thursday, February 18, 2016

Weekly Top Ten SSRN Contracts Downloads (February 18, 2016)

Top Ten Logo 1

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

Rank Downloads Paper Title
1 526 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 461 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 253 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 110 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
5 108 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
6 102 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
7 84 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
8 79 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
9 78 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
10 69 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

 

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

Rank Downloads Paper Title
1 526 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 461 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 251 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 110 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
5 108 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
6 102 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
7 84 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
8 83 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
9 79 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
10 78 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

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

Thursday, February 11, 2016

Weekly Top Ten SSRN Contracts Downloads (February 11, 2016)

  Top-10-gold-logo
SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 515 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 447 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 214 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 100 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
5 83 More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the US and the EU
Philipp Hacker
Humboldt University of Berlin
6 82 Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law
Mark Edwin Burge
Texas A&M University School of Law
7 78 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
8 78 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
9 73 Interpreting the Rules of Insurance Contract Interpretation
Mark Geistfeld
New York University School of Law
10 71 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law

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

Rank Downloads Paper Title
1 515 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 447 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 214 Contract Law and Ukraine's $3 Billion Debt to Russia
Mark C. Weidemaier
University of North Carolina (UNC) at Chapel Hill - School of Law
4 100 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
5 83 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
6 78 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago - Law School
7 78 From Promise to Form: How Contracting Online Changes Consumers
David A. Hoffman
Temple University - James E. Beasley School of Law
8 71 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
9 70 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
10 63 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

February 11, 2016 in Recent Scholarship | Permalink | Comments (0)

Emerging Payment Systems and the Primacy of Private (Contract) Law

CLS-logoIs the public commercial law of payment systems being displaced by private contract law? The short answer is "yes." Recently, I had the opportunity to write an invited post for the CLS Blue Sky Blog, Columbia Law School's Blog on Corporations and the Capital Markets, and I hope you'll indulge me a moment to share about it here.

Emerging Payment Systems and the Primacy of Private Law is a synopsis of a larger project on how the public law and Uniform Commercial Code aspects of the regulation of payments have become marginalized over the last few decades--and how the marginalization isn't necessarily a bad thing.  Contract law is presumptively a better organizing instrumentality, but there still remains a significant and robust role for public regulation. Or, as I state in part of the longer post:

Payment systems have now clearly exceeded the regulatory capacity of public legal institutions to govern them via a comprehensive code like the UCC. Public law protection of the end user, however, has proven so successful and facilitated such industry growth that complete privatization of payments law is not the best response either. Emerging payment systems should be subject to a division between private law and public law in which private law is predominant, but not exclusive.

Private contract law is best equipped to deal with both current and future developments as the primary governance mechanism for emerging systems of payment. This market-friendly primacy of private law is only assured, nonetheless, by ceding to public law specific protections for payment system end users against oppression, fraud, and mistake.

If this particular intersection of contract law and commercial law is of interest to you, read the complete post. Or, if you are a particular glutton for punishment, the draft article on which the CLS Blue Sky Blog piece is based is here

 

February 11, 2016 in Commentary, Current Affairs, E-commerce, Recent Scholarship | Permalink | Comments (0)

Thursday, February 4, 2016

Weekly Top Ten SSRN Contracts Downloads (February 4, 2016)

Top Ten Logo 2

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

Rank Downloads Paper Title
1 508 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 426 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 94 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
4 80 More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the US and the EU
Philipp Hacker
Humboldt University of Berlin
5 75 Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law
Mark Edwin Burge
Texas A&M University School of Law
6 74 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 69 Interpreting the Rules of Insurance Contract Interpretation
Mark Geistfeld
New York University School of Law
8 66 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 61 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law
10 61 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law


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

Rank Downloads Paper Title
1 508 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 426 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 94 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
4 80 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
5 74 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
6 66 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
7 61 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law
8 61 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
9 56 Interpreting Statutes and Contracts: A Distinction Without a Difference?
Jacinta Dharmananda and Leon Firios
University of Western Australia - Faculty of Law and University of Western Australia - Faculty of Law
10 44 Verbrauchervertragsrecht und Rechtswahl (Consumer Contract Law and Choice of Law)
Walter Doralt and Sarah Nietner
Max Planck Institute for Comparative and International Private Law and Bucerius Law School

 

February 4, 2016 in Recent Scholarship | Permalink

Thursday, January 28, 2016

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

Top Ten Logo 1

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

Rank Downloads Paper Title
1 468 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 405 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 94 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
4 78 More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the US and the EU
Philipp Hacker
Humboldt University of Berlin
5 75 Personal Data Processing for Behavioural Targeting: Which Legal Basis?
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
6 71 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
7 70 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
8 68 Interpreting the Rules of Insurance Contract Interpretation
Mark Geistfeld
New York University School of Law 
9 68 Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law
Mark Edwin Burge
Texas A&M University School of Law
10 59 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

SSRN Top Downloads For
LSN: Contracts (Topic)

Rank Downloads Paper Title
1 468 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 405 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 71 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
4 70 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
5 59 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law
6 54 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
7 50 Interpreting Statutes and Contracts: A Distinction Without a Difference?
Jacinta Dharmananda and Leon Firios
University of Western Australia - Faculty of Law and University of Western Australia - Faculty of Law
8 48 Contract Meta-Interpretation
Shawn J. Bayern
Florida State University - College of Law
9 35 Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts
Lisa Bernstein
University of Chicago Law School
10 34 Financial Hardship: Insights from a Survey of Financial Counsellors
Paul Ali, Evgenia Bourova and Ian Ramsay
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Law School

 

January 28, 2016 in Recent Scholarship | Permalink

Thursday, January 21, 2016

Weekly Top Ten SSRN Contracts Downloads (January 21, 2016)

Mighty-no-9-logoPuffery object lesson: The author of the number 9 article on the Contracts & Commercial Law eJournal list tells me on good authority that Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law is worth at least twice--possibly even THREE times--the price of the download! How can you resist downloading such a clearly unprecedented value?

Hmmm... that was pretty bad. Maybe we should just get to this week's actual lists.

 

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

Rank Downloads Paper Title
1 432 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 375 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 87 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
4 72 Personal Data Processing for Behavioural Targeting: Which Legal Basis?
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
5 72 More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the US and the EU
Philipp Hacker
Humboldt University of Berlin
6 68 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 62 Interpreting the Rules of Insurance Contract Interpretation
Mark Geistfeld
New York University School of Law
8 62 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
9 56 Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law
Mark Edwin Burge
Texas A&M University School of Law
10 52 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

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

Rank Downloads Paper Title
1 432 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 375 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 87 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 68 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
5 62 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
6 52 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law
7 50 Contract as Procedural Justice
Aditi Bagchi
Fordham University School of Law
8 42 The History of Genres: Reaching for Reality in Law and Literature
Anat Rosenberg
Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
9 39 Understanding the Law of Contract in Myanmar
Andrew Burrows
University of Oxford - Faculty of Law
10 35 On the Efficiency of the Common Law: An Application to the Recovery of Rewards
Anthony Niblett
University of Toronto - Faculty of Law

January 21, 2016 in Recent Scholarship | Permalink

Thursday, January 14, 2016

Weekly Top Ten SSRN Contracts Downloads (January 14, 2016)

  Top Ten Logo 2

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

RECENT TOP PAPERS for all papers first announced in the last 60 days
15 Nov 2015 through 14 Jan 2016

Rank Downloads Paper Title
1 356 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 323 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 137 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 97 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
5 84 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
6 68 Personal Data Processing for Behavioural Targeting: Which Legal Basis?
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
7 60 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
8 58 More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the US and the EU
Philipp Hacker
Humboldt University of Berlin, Students
9 52 Interpreting the Rules of Insurance Contract Interpretation
Mark Geistfeld
New York University School of Law
10 49 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law

 

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

RECENT TOP PAPERS for all papers first announced in the last 60 days
15 Nov 2015 through 14 Jan 2016

Rank Downloads Paper Title
1 356 Simplification of Privacy Disclosures: An Experimental Test
Omri Ben-Shahar and Adam S. Chilton
University of Chicago Law School and University of Chicago - Law School
2 323 Choice of Law in the American Courts in 2015: Twenty-Ninth Annual Survey
Symeon C. Symeonides
Willamette University - College of Law
3 137 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 97 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
5 84 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
6 60 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
7 49 The Nature of Vitiating Factors in Contract Law
Mindy Chen-Wishart
University of Oxford – Faculty of Law
8 42 The History of Genres: Reaching for Reality in Law and Literature
Anat Rosenberg
Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
9 42 Contract as Procedural Justice
Aditi Bagchi
Fordham University School of Law
10 38 Contracting Out of Fiduciary Duties
Ernest Lim
University of Hong Kong - Faculty of Law

 

January 14, 2016 in Recent Scholarship | Permalink

Thursday, January 7, 2016

Weekly Top Ten SSRN Contracts Downloads (January 7, 2016)

Top-10-New-Years-2016

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

RECENT TOP PAPERS for all papers first announced in the last 60 days (8 Nov 2015 through 7 Jan 2016 )

Rank Downloads Paper Title
1 166 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law
2 135 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
3 95 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
4 89 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
5 83 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
6 81 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
7 81 Lender Discrimination, Black Churches, and Bankruptcy
Pamela Foohey
Indiana University Maurer School of Law
8 65 Personal Data Processing for Behavioural Targeting: Which Legal Basis?
Frederik J. Zuiderveen Borgesius
University of Amsterdam - IViR Institute for Information Law (IViR)
9 60 An Assessment of the Consumer Review Freedom Act of 2015
Eric Goldman
Santa Clara University - School of Law
10 59 The Digital Shareholder
Andrew A. Schwartz
University of Colorado Law School


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

RECENT TOP PAPERS for all papers first announced in the last 60 days (8 Nov 2015 through 7 Jan 2016)

Rank Downloads Paper Title
1 135 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
2 95 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
3 89 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
4 83 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
5 81 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull 
6 60 An Assessment of the Consumer Review Freedom Act of 2015
Eric Goldman
Santa Clara University - School of Law
7 54 Defences and the Disunity of Unjust Enrichment
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law
8 44 Does 'European Regulatory Contract Law' Enhance Citizens' Rights? An Analysis of Consumer and Services Law from Theory to Practice
Federico Della Negra
European University Institute, Students
9 42 The History of Genres: Reaching for Reality in Law and Literature
Anat Rosenberg
Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law
10 38 Does the Codification of Consumer Law Improve the Ability of Consumers to Enforce Their Rights? – A UK-Perspective
Christian Twigg-Flesner
University of Hull

January 7, 2016 in Recent Scholarship | Permalink

Thursday, December 31, 2015

Weekly Top Ten SSRN Contracts Downloads (December 31, 2015)

Top-ten-new-years-resolutions


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

RECENT TOP PAPERS for all papers first announced in the last 60 days
1 Nov 2015 through 31 Dec 2015

Rank Downloads Paper Title
1 161 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law
2 153 Presumed Undue Influence: The False Partition from Fiduciary Accountability
Robert Flannigan
University of Saskatchewan
3 129 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 95 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
5 92 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
6 83 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
7 75 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
8 75 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
9 71 Lender Discrimination, Black Churches, and Bankruptcy
Pamela Foohey
Indiana University Maurer School of Law
10 70 The Private Order of Innovation Networks
Matthew Jennejohn
Brigham Young University - J. Reuben Clark Law School

 

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

RECENT TOP PAPERS for all papers first announced in the last 60 days 
1 Nov 2015 through 31 Dec 2015

Rank Downloads Paper Title
1 129 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
2 95 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
3 92 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
4 83 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
5 81 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
6 75 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
7 70 The Private Order of Innovation Networks
Matthew Jennejohn
Brigham Young University - J. Reuben Clark Law School 
8 59 An Assessment of the Consumer Review Freedom Act of 2015
Eric Goldman
Santa Clara University - School of Law
9 43 The Myths We Built Around EU Consumer Law
Tamas Dezso Ziegler
Institute for Legal Studies, CSS Hungarian Academy of Sciences
10 43 Does 'European Regulatory Contract Law' Enhance Citizens' Rights? An Analysis of Consumer and Services Law from Theory to Practice
Federico Della Negra
European University Institute, Students

December 31, 2015 in Recent Scholarship | Permalink

Thursday, December 24, 2015

Weekly Top Ten SSRN Contracts Downloads (December 24, 2015)

  HolidayTop10

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

Rank Downloads Paper Title
1 157 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law
2 152 Presumed Undue Influence: The False Partition from Fiduciary Accountability
Robert Flannigan
University of Saskatchewan
3 129 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 91 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
5 86 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
6 83 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
7 74 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
8 74 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
9 70 A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment
Hugh Beale, Louise Gullifer and Sarah Paterson
Warwick School of Law, University of Oxford - Faculty of Law and London School of Economics & Political Science (LSE)
10 69 The Private Order of Innovation Networks
Matthew Jennejohn
Brigham Young University - J. Reuben Clark Law School

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

Rank Downloads Paper Title
1 129 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
2 91 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
3 86 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
4 83 What If Fiduciary Obligations Are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
5 79 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
6 74 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
7 70 A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment
Hugh Beale, Louise Gullifer and Sarah Paterson
Warwick School of Law, University of Oxford - Faculty of Law and London School of Economics & Political Science (LSE)
8 69 The Private Order of Innovation Networks
Matthew Jennejohn
Brigham Young University - J. Reuben Clark Law School
9 59 An Assessment of the Consumer Review Freedom Act of 2015
Eric Goldman
Santa Clara University - School of Law
10 43 The Myths We Built Around EU Consumer Law
Tamas Dezso Ziegler
Institute for Legal Studies, CSS Hungarian Academy of Sciences

December 24, 2015 in Recent Scholarship | Permalink

Thursday, December 10, 2015

Your Weekly SSRN Contracts Top Ten Download Lists - December 10, 2015

 Top Ten Logo 1
SSRN Top Downloads For SSRN Logo (small)
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 715 An Overview of Privacy Law
Daniel J. Solove and Paul M. Schwartz
George Washington University Law School and University of California, Berkeley - School of Law
2 150 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
3 146 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law
4 120 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
5 118 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
6 71 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
7 64 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
8 64 The Doctrine of Illegality: A Private Law Hydra
James Goudkamp
University of Oxford - Faculty of Law
9 67 What If Fiduciary Obligations are Like Contractual Ones?
Gregory Klass
Georgetown University Law Center
10 139 Presumed Undue Influence: The False Partition from Fiduciary Accountability
Robert Flannigan
University of Saskatchewan

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

Rank Downloads Paper Title
1 171 The Continuing Evolution of U.S. Judgments Recognition Law
Ronald A. Brand
University of Pittsburgh - School of Law
2 150 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)
3 120 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
4 118 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
5 87 Stephen A Smith on Duties and Liabilities
Nicholas McBride
University of Cambridge - Faculty of Law
6 83 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law
7 70 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law
8 70 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
9 64 The Consumer Rights Directive, Consumer Sales and English Law – The Fear of Coherence?
Christian Twigg-Flesner
University of Hull
10 62 A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment
Hugh Beale, Louise Gullifer and Sarah Paterson
Warwick School of Law, University of Oxford - Faculty of Law and London School of Economics & Political Science (LSE)

December 10, 2015 in Recent Scholarship | Permalink

Wednesday, December 2, 2015

New in Print

Pile of BooksKenneth Ayotte & Henry Hansmann, A Nexus of Contracts Theory of Legal Entities, 42 Int'l Rev. L. & Econ. 1 (2015)

Aditi Bagchi, Other People's Contracts, 32 Yale J. on Reg. 211 (2015)

Kenneth K. Ching, What We Consent to When We Consent to Form Contracts: Market Price, 84 UMKC L. Rev. 1 (2015)

Dr. Heba Hazzaa & Silke Noa Kumpf, Egypt's Ban on Public Interest Litigation in Government Contracts: A Case Study of "Judicial Chill", 51 Stan. J. Int'l L. 147 (2015)

Gregory H. Shill, Boilerplate Shock: Sovereign Debt Contracts as Incubators of Systemic Risk, 89 Tul. L. Rev. 751 (2015)

December 2, 2015 in Recent Scholarship | Permalink

Tuesday, December 1, 2015

Weekly Top Tens from the Social Science Research Network

SSRNSSRN Top Downloads For Contracts & Commercial Law eJournal
RECENT TOP PAPERS 

Rank Downloads Paper Title
1 695 An Overview of Privacy Law
Daniel J. Solove and Paul M. Schwartz
George Washington University Law School and University of California, Berkeley - School of Law 
2 178 Defective Arbitration Clauses: An Overview
Badrinath Srinivasan
Independent 
3 138 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) 
4 137 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law 
5 131 Presumed Undue Influence: The False Partition from Fiduciary Accountability
Robert Flannigan
University of Saskatchewan 
6 112 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
7 111 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law 
8 78 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law 
9 70 Towards a European Insurance Contract Law? The Commission Expert Group, its Antecedents and Consequences
Jürgen Basedow
Max Planck Institute for Comparative and International Private Law 
10 70 The State of the Law of Unjust Enrichment in Common Law Canada
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law

SSRN Top Downloads For LSN: Contracts (Topic) 
RECENT TOP PAPERS 

Rank Downloads Paper Title
1 178 Defective Arbitration Clauses: An Overview
Badrinath Srinivasan
Independent 
2 167 The Continuing Evolution of U.S. Judgments Recognition Law
Ronald A. Brand
University of Pittsburgh - School of Law 
3 138 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) 
4 112 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
5 111 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law 
6 81 Stephen A Smith on Duties and Liabilities
Nicholas McBride
University of Cambridge - Faculty of Law 
7 78 The Relational Economics of Commercial Contract
Chapin Cimino
Drexel University Thomas R. Kline School of Law 
8 70 The State of the Law of Unjust Enrichment in Common Law Canada
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law 
9 64 Between Regulatory and Autonomy-Based Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law 
10 61 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law

 

 

 

December 1, 2015 in Recent Scholarship | Permalink

Wednesday, November 25, 2015

New in Print

Pile of BooksMichael S. Barr, Mandatory Arbitration in Consumer Finance and Investor Contracts, 11 N.Y.U. J. L. & Bus. 793 (2015)

Richard A. Epstein, The Upside-Down Law of Property and Contract: Of Fannie Mae, Freddie Mac, and San Jose Pensions, 93 Neb. L. Rev. 869 (2015)

Matthew D. McGill & Alexander N. Harris, NML Capital v. Argentina: Enforcing Contracts in the Shadow of the Foreign Sovereign Immunities Act, 30 Md. J. Int'l L. 3 (2015)

George A. Nation III, Demand Promissory Notes and Commercial Loans: Balancing Freedom of Contract & Good Faith, 94 Neb. L. Rev. 151 (2015)

Bradford Stone, Contracts for the International Sale of Goods: The Convention and the Code, 23 Mich. St. Int'l. L. Rev. 753 (2015)

Mark Strasser, Traditional Surrogacy Contracts, Partial Enforcement, and the Challenge for Family Law, 19 J. Health Care L. & Pol'y 85 (2015)

Frank Sullivan, Jr., Banking Business and Contract Law, 48 Ind. L. Rev. 1195 (2015)

Kevin Warbach, Reflections on Network Transactions and Social Contracts for the Broadband World, 13 Colo. Tech. L. J. 45 (2015)

Erich A. Zacks: Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure, 9 Ohio St. Entrepreneurial Bus. L.J. 379 (2015)

 

November 25, 2015 in Recent Scholarship | Permalink

Tuesday, November 24, 2015

Weekly Top Tens from the Social Science Research Network

SSRNSSRN Top Downloads For Contracts & Commercial Law eJournal
RECENT TOP PAPERS 

Rank Downloads Paper Title
1 663 An Overview of Privacy Law
Daniel J. Solove and Paul M. Schwartz
George Washington University Law School and University of California, Berkeley - School of Law 
2 171 Defective Arbitration Clauses: An Overview
Badrinath Srinivasan
Independent 
3 131 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) 
4 125 Presumed Undue Influence: The False Partition from Fiduciary Accountability
Robert Flannigan
University of Saskatchewan 
5 121 Legal Transplants in the Law of the Deal: M&A Agreements in India
Afra Afsharipour
University of California, Davis - School of Law 
6 107 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
7 87 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law 
8 68 Contract Law and the Digital Single Market: Towards a New EU Online Consumer Sales Law?
Rafał Mańko
European Parliamentary Research Service 
9 66 Towards a European Insurance Contract Law? The Commission Expert Group, its Antecedents and Consequences
Jürgen Basedow
Max Planck Institute for Comparative and International Private Law 
10 64 The State of the Law of Unjust Enrichment in Common Law Canada
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law

SSRN Top Downloads For LSN: Contracts (Topic)
RECENT TOP PAPERS 

Rank Downloads Paper Title
1 171 Defective Arbitration Clauses: An Overview
Badrinath Srinivasan
Independent 
2 165 The Continuing Evolution of U.S. Judgments Recognition Law
Ronald A. Brand
University of Pittsburgh - School of Law 
3 131 Contract Law: A Comparative Introduction, Chapter 1
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) 
4 107 Contract Theory and EU Contract Law
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
5 87 The Challenges of Private Law
Hanoch Dagan
Tel Aviv University - Buchmann Faculty of Law
Date posted to database: 14 Nov 2015
Last Revised: 14 Nov 2015
6 76 Stephen A Smith on Duties and Liabilities
Nicholas McBride
University of Cambridge - Faculty of Law 
7 64 The State of the Law of Unjust Enrichment in Common Law Canada
Lionel Smith
McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law 
8 58 Supreme Disgorgement
Caprice L. Roberts
Savannah Law School 
9 56 Restoring Freedom of Contract between Doctor and Patient in Medicare Part B
David Bernstein
George Mason University School of Law 
10 52 Dodging Windfalls: Damages Based on Market Price, Actual Loss, and Appropriate Awards
John Y. Gotanda
Villanova University School of Law

 

 

November 24, 2015 in Recent Scholarship | Permalink