ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, March 1, 2017

Gastón de los Reyes (George Washington University: Business) - KCON Scholarship Spotlight

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

KCON12-Logo

Not from guile, but from entitlement: Lawful opportunism haunts the cracks in contracts

Gastón de los Reyes and Kirsten Martin (George Washington University School of Business)

Abstract (KCON Presentation by Gastón de los Reyes)

Gaston-De-los-Reyes (GWU School of Business)Opportunistic acts are not all cut from the same cloth. While the blatant opportunism that results from “self-interest seeking with guile” is widely acknowledged, the lawful opportunism that Williamson paints as the bane of hybrid governance remains obscure and little understood. We examine the construct of lawful opportunism and empirically explore its connection to the known and studied contracting behaviors of blatant opportunism and cooperation. Using a series of contracting vignette surveys, we demonstrate that lawful opportunism is a theoretically distinct intended behavior across a variety of contracting scenarios. A contractor’s sense of entitlement, we find, is the primary driver of intended lawful opportunism. In contrast, and perhaps surprisingly, the more a contractor views the exchange in economic terms, the less likely they are to act with blatant opportunism. The study has implications for the study of contracting and hybrid governance across disciplines and for prescription to contracting parties.

March 1, 2017 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Chris Odinet (Southern University) - KCON Scholarship Spotlight

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

KCON12-Logo

BITCREDIT: MARKETPLACE LENDING AND CONSUMER PROTECTION 

Christopher K. Odinet

 Abstract

Chris Odinet_photoThe digital economy is changing everything, including how we borrow money. In the wake of the 2008 crisis, banks pulled back in their lending and, as a result, many consumers and small businesses found themselves unable to access credit. In the space left vacant by these traditional financial institutions have come a wave of online firms called marketplace lenders. These platforms are fast making antiques out of many mainstream lending practices, such as face-to-face interviews with loan officers and long paper applications. Instead, through underwriting by automation—utilizing big data (including social media data)—loan processing that once took weeks can now be done overnight. The result of these technological advances has been quicker access to capital, more economic efficiencies, and even greater prospects for access to credit for theunbanked and underbanked. “Click here” is the new “sign on the dotted line.”

 But there is a lot still to learn about the online lending marketplace. How do these marketplace lenders work and what kinds of products do they offer? Moreover, what role will they play in the future of American debt and credit markets? This Article explores these questions and assesses current government responses to the nascent industry. It also surveys the currentregulatory landscape for marketplacelenders and analyzes a multi-year dataset of complaints submitted to the CFPB relative to consumer loans offered by these firms.The Article concludes by offering some broad policy considerations for how investors, small businesses, and consumers could be protected in this new world of BitCredit.

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

Tuesday, February 28, 2017

Colin Marks (St. Mary's) - KCON Scholarship Spotlight

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

KCON12-Logo

Online and As Is

Colin P. Marks (St. Mary's University School of Law)

Abstract

Colin Marks (St. Mary's)Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in a way that would surprise many shoppers. In particular, many online retailers are using these terms to limit implied warranties, selling the goods “as is,” and limiting remedies, as well as adding a host of other limitations. This article does not discuss the effects of online terms and conditions, but rather starts with exploring a very basic question: How prevalent are certain terms and conditions? While these terms and conditions may seem to be ever-present in online transactions, there have been few attempts thus far to empirically record the frequency of their use in retail transactions involving goods. This article remedies the situation by exploring the mode by which consumers assent, the prevalence of warranty and liability limitation clauses, and the prevalence of other common clauses used by the largest retailers in the United States.

SSRN Download Available Here

February 28, 2017 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Charles Calleros (Arizona State) - KCON Scholarship Spotlight

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

KCON12-Logo

U.S. Unconscionability and Article 1171 of the New French Civil Code: Achieving Balance in Statutory Regulation and Judicial Intervention

(forthcoming in Georgia Journal of International and Comparative Law)

Professor Charles R. Calleros,

Sandra Day O’Connor College of Law, Arizona State University

  Charles Calleros (Arizona State)Abstract

            Perhaps the most notable development in commercial law in 2016 is the revision of contract law in the French Civil Code, the first comprehensive revision since the adoption of the 1804 Napoleonic Code. Perhaps the most notable innovation in that revision is article 1171, which empowers a judge to strike down an ancillary provision of an adhesion contract if it would otherwise create a significant imbalance between the parties.  

            Compared to the U.S. unconscionability doctrine, article 1171 adds to existing French legislation in a cautious manner and should not spark serious concerns about interference with freedom of contract. Instead, the more interesting questions are (1) whether the French judiciary will sufficiently embrace and exercise the authority afforded it under article 1171 to achieve its limited goals, and (2) whether lawmakers in the United States can overcome the American resistance to legislative and executive intervention sufficiently to emulate French and European control of abusive terms through a combination of legislative, administrative, and judicial regulation.

February 28, 2017 in Conferences, Contract Profs, Recent Scholarship | Permalink | Comments (0)

Thursday, February 23, 2017

Weekly Top Ten SSRN Contracts Downloads (February 23, 2017)

Top-10-thumbsup

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

RECENT TOP PAPERS for all papers first announced in the last 60 days
25 Dec 2016 through 23 Feb 2017

Rank Downloads Paper Title
1 771 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 309 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 212 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
4 143 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
5 127 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center
6 126 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
7 123 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn
8 118 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
9 104 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
10 88 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School

 

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

RECENT TOP PAPERS for all papers first announced in the last 60 days
25 Dec 2016 through 23 Feb 2017

Rank Downloads Paper Title
1 212 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 143 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
3 127 Interpretation and Construction in Contract Law
Gregory Klass
Georgetown University Law Center 
4 126 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
5 118 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
6 107 History and Theory of Good Faith Performance in the United States
Steven J. Burton
University of Iowa - College of Law
7 104 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School
8 101 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
9 88 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School
10 68 Contract Exposition and Formalism
Gregory Klass
Georgetown University Law Center

 

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

Thursday, February 16, 2017

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

Top-10 Scrolling

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 751 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 304 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 193 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
4 163 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 131 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
6 120 The New Sharing Economy: The Role of Property, Tort and Contract Law for Managing the Airbnb Model
Chad G. Marzen, Darren A. Prum and Robert J. Aalberts
Florida State University, Florida State University and University of Nevada, Las Vegas
7 117 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
8 113 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
9 105 Calling on the CFPB for Help: Telling Stories and Consumer Protection
Pamela Foohey
Indiana University Maurer School of Law
10 102 What Brexit Means for the Interpretation and Drafting of Financial Contracts
Matthias Lehmann and Nihal Dsouza
University of Bonn and University of Bonn

 

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

Rank Downloads Paper Title
1 193 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 163 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
3 131 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
4 117 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
5 113 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
6 103 History and Theory of Good Faith Performance in the United States
Steven J. Burton
University of Iowa - College of Law
7 100 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
8 84 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School
9 82 The Hague Choice of Law Principles, CISG and PICC: A Hard Look at a Choice of Soft Law
Brooke Adele Marshall
Max Planck Institute for Comparative and International Private Law
10 71 The Deformation of Contract in the Information Society
Margaret Jane Radin
University of Michigan Law School

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

Thursday, February 9, 2017

Weekly Top Ten SSRN Contracts Downloads (February 9, 2017)

Top10-Electric


SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 739 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 296 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 169 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
4 157 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 110 The New Sharing Economy: The Role of Property, Tort and Contract Law for Managing the Airbnb Model
Chad G. Marzen, Darren A. Prum and Robert J. Aalberts
Florida State University, Florida State University and University of Nevada, Las Vegas
6 108 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
7 97 Calling on the CFPB for Help: Telling Stories and Consumer Protection
Pamela Foohey
Indiana University Maurer School of Law
8 92 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
9 91 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
10 87 Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws
Todd J. Zywicki, Geoffrey A. Manne and Kristian Stout
George Mason University - Antonin Scalia Law School, Faculty, International Center for Law & Economics (ICLE) and International Center for Law and Economics

 

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

Rank Downloads Paper Title
1 169 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
2 157 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
3 108 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 99 History and Theory of Good Faith Performance in the United States
Steven J. Burton
University of Iowa - College of Law
5 99 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
6 92 Interpreting Contracts via Surveys and Experiments
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
7 91 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
8 79 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School
9 77 The Hague Choice of Law Principles, CISG and PICC: A Hard Look at a Choice of Soft Law
Brooke Adele Marshall
Max Planck Institute for Comparative and International Private Law
10 66 Unbundling Efficient Breach: An Experiment
Maria Bigoni, Stefania Bortolotti, Francesco Parisi and Ariel Porat
University of Bologna - Department of Economics, University of Cologne - Faculty of Management, Economics and Social Sciences, University of Minnesota - Law School and Tel Aviv University

 

February 9, 2017 in Recent Scholarship | Permalink

Thursday, February 2, 2017

Weekly Top Ten SSRN Contracts Downloads (February 2, 2017)

Top 10 Groundhog Day

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 700 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 291 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 160 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
4 152 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 151 Remedies
Ariel Porat
Tel Aviv University
6 112 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
7 107 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
8 103 The New Sharing Economy: The Role of Property, Tort and Contract Law for Managing the Airbnb Model
Chad G. Marzen, Darren A. Prum and Robert J. Aalberts
Florida State University, Florida State University and University of Nevada, Las Vegas
9 88 Calling on the CFPB for Help: Telling Stories and Consumer Protection
Pamela Foohey
Indiana University Maurer School of Law
10 87 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo

 

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

Rank Downloads Paper Title
1 160 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
2 152 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
3 151 Remedies
Ariel Porat
Tel Aviv University
4 112 Rise of the Digital Regulator
Rory Van Loo
Boston University School of Law
5 107 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
6 97 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
7 96 History and Theory of Good Faith Performance in the United States
Steven J. Burton
University of Iowa - College of Law
8 87 Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
9 82 Contracting Over Privacy: Introduction
Omri Ben-Shahar and Lior Strahilevitz
University of Chicago Law School and University of Chicago Law School
10 75 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School

 

February 2, 2017 in Recent Scholarship | Permalink

Thursday, January 26, 2017

Weekly Top Ten SSRN Contracts Downloads (January 26, 2017)

Top-10 Glass

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

1 655 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 272 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 185 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
4 157 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
5 155 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
6 143 Remedies
Ariel Porat
Tel Aviv University
7 143 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
8 139 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
9 108 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
10 106 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport

 

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

Rank Downloads Paper Title
1 185 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
2 157 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
3 143 Remedies
Ariel Porat
Tel Aviv University
4 143 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 139 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
6 108 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
7 106 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
8 91 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
9 68 The Hague Choice of Law Principles, CISG and PICC: A Hard Look at a Choice of Soft Law
Brooke Adele Marshall
Max Planck Institute for Comparative and International Private Law
10 66 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School

 

January 26, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, January 19, 2017

Weekly Top Ten SSRN Contracts Downloads (January 19, 2017)

Top-10 Block Letters

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 586 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 246 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
3 175 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
4 146 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
5 135 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
6 130 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
7 130 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
8 112 Remedies
Ariel Porat
Tel Aviv University
9 106 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
10 100 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport

 

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

Rank Downloads Paper Title
1 175 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
2 135 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
3 130 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
4 130 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
5 112 Remedies
Ariel Porat
Tel Aviv University
6 106 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
7 100 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
8 86 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
9 58 The Limits of Interpretation in the Law of Contract
Andrew Robertson
Melbourne Law School
10 66 The Hague Choice of Law Principles, CISG and PICC: A Hard Look at a Choice of Soft Law
Brooke Adele Marshall
Max Planck Institute for Comparative and International Private Law

January 19, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, January 12, 2017

Weekly Top Ten SSRN Contracts Downloads (January 12, 2017)

Top Ten Infinity

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 518 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 198 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
3 161 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
4 137 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
5 126 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
6 124 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
7 116 Empirical Findings on International Arbitration: An Overview
Christopher R. Drahozal
University of Kansas School of Law
8 104 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
9 102 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
10 98 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport

 

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

Rank Downloads Paper Title
1 198 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
2 161 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
3 126 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
4 124 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 104 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
6 102 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
7 98 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
8 94 Remedies
Ariel Porat
Tel Aviv University
9 81 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent
10 66 Forced Arbitration: How Corporations Use the Fine Print to Bully Americans
AAJ Research
American Association for Justice

January 12, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, January 5, 2017

Weekly Top Ten SSRN Contracts Downloads (January 5, 2017)

As AALS continues in full swing in San Francisco, let's take a moment to glance at our first Top Ten Downloads lists for 2017:

  Top-10-New-Years-Resolutions

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 457 Risk and Anxiety: A Theory of Data Breach Harms
Daniel J. Solove and Danielle Keats Citron
George Washington University Law School and University of Maryland Francis King Carey School of Law
2 311 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
3 189 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
4 122 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
5 120 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
6 102 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
7 95 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
8 93 Local Governments and Risky Home Loans
Kathleen C. Engel
Suffolk University Law School
9 93 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
10 88 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law

 

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

Rank Downloads Paper Title
1 311 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
2 189 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
3 120 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
4 102 Introduction to Contract, Status, and Fiduciary Law
Paul B. Miller and Andrew S. Gold
McGill University Faculty of Law and DePaul University College of Law
5 95 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
6 93 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
7 88 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
8 88 Remedies
Ariel Porat
Tel Aviv University
9 82 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law
10 73 Failures in Law Making: The Case of Arbitration Law in India
Badrinath Srinivasan
Independent

 

January 5, 2017 in Recent Scholarship | Permalink | Comments (0)

Thursday, December 29, 2016

Weekly Top Ten SSRN Contracts Downloads (December 29, 2016)

For your reading pleasure, ContractsProf Blog presents the final Top Ten Downloads list of 2016. We also hope our readers will resolve (notwithstanding Calvin, below) to have a happy and productive 2017!

New-years-resolution-comic-strip Top-10 wStars

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 306 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
2 183 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
3 113 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
4 109 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
5 108 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
6 92 Local Governments and Risky Home Loans
Kathleen C. Engel
Suffolk University Law School
7 92 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
8 91 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
9 86 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
10 83 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law

 

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

Rank Downloads Paper Title
1 306 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
2 183 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
3 109 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
4 108 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
5 92 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
6 91 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
7 86 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
8 83 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
9 82 Remedies
Ariel Porat
Tel Aviv University
10 72 Drafting for Dispute Resolution
John M. Newman
University of Memphis - Cecil C. Humphreys School of Law

December 29, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, December 22, 2016

Weekly Top Ten SSRN Contracts Downloads (December 22, 2016)

Wishing you all the joys of the season from us here at ContractsProf Blog!  Now go help yourself to the gift of recent scholarship from our collective favorite area of the law.

Top-ten-gift-package

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 302 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
2 243 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
3 177 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
4 105 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
5 102 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
6 98 The Commercial Law of Bitcoin and Blocktrain Transactions
Stephen M. McJohn and Ian McJohn
Suffolk University Law School and Independent
7 91 Local Governments and Risky Home Loans
Kathleen C. Engel
Suffolk University Law School
8 87 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport 
9 86 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
10 85 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork

 

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

Rank Downloads Paper Title
1 302 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
2 177 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
3 105 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
4 102 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
5 87 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
6 86 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
7 85 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
8 76 The Corporation as Courthouse
Rory Van Loo
Boston University School of Law
9 63 Forced Arbitration: How Corporations Use the Fine Print to Bully Americans
AAJ Research
American Association for Justice
10 72 Remedies
Ariel Porat
Tel Aviv University

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

Thursday, December 15, 2016

Weekly Top Ten SSRN Contracts Downloads (December 15, 2016)

Top-10 Block Letters

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 324 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
2 286 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
3 241 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
4 169 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
5 99 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
6 87 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
7 85 Local Governments and Risky Home Loans
Kathleen C. Engel
Suffolk University Law School
8 84 The Death of Contract, Redux: Boilerplate and the End of Interpretation
Jason MacLean
Lakehead University - Bora Laskin Faculty of Law
9 82 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
10 82 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law

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

Rank Downloads Paper Title
1 324 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
2 286 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
3 169 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
4 99 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
5 87 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
6 84 The Death of Contract, Redux: Boilerplate and the End of Interpretation
Jason MacLean
Lakehead University - Bora Laskin Faculty of Law
7 82 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
8 82 Contractual Estoppel and the Misrepresentation Act 1967
Richard Hooley
University of Cambridge - Faculty of Law
9 81 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
10 79 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London

December 15, 2016 in Recent Scholarship | Permalink | Comments (0)

Friday, December 9, 2016

Weekly Top Ten SSRN Contracts Downloads (December 9, 2016)

A day late, but certainly not a dollar short: Here are this week's Top Ten SSRN Contracts downloads.

TopTen Stamp-808x455

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 314 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
2 264 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
3 239 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
4 159 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
5 97 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
6 86 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
7 83 Local Governments and Risky Home Loans
Kathleen C. Engel
Suffolk University Law School
8 77 The Death of Contract, Redux: Boilerplate and the End of Interpretation
Jason MacLean
Lakehead University - Bora Laskin Faculty of Law
9 75 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
10 72 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport

 


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

Rank Downloads Paper Title
1 314 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
2 264 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
3 159 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
4 97 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
5 86 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
6 77 The Death of Contract, Redux: Boilerplate and the End of Interpretation
Jason MacLean
Lakehead University - Bora Laskin Faculty of Law
7 75 'And So the Legal World Goes Round': The Search for a Meaningful Law of Restitution (in Response to Virgo, 'All the World's a Stage')
Steve Hedley
University College Cork
8 72 Excessive Contractual Penalties in Football
Despina Mavromati
Court of Arbitration for Sport
9 63 The New Lex Mercatoria: An Emerging Challenge to Legal Systems in Cross-Border Transactions
Jan H. Hendrik Dalhuisen
King's College London
10 59 Forced Arbitration: How Corporations Use the Fine Print to Bully Americans
AAJ Research
American Association for Justice

 

December 9, 2016 in Recent Scholarship | Permalink

Thursday, December 1, 2016

Weekly Top Ten SSRN Contracts Downloads (December 1, 2016)

Our SSRN Top Ten Downloads lists now return after a Thanksgiving hiatus last Thursday.

Top-10-3D

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 506 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 368 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 308 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 278 Inside Safe Assets
Anna Gelpern and Erik F. Gerding
Georgetown University Law Center and University of Colorado Law School
5 236 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
6 222 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
7 128 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
8 127 Crowdfunding Investment Contracts
Jack Wroldsen
Oklahoma State University Spears School of Business
9 108 The Illiberty of Contract
Donald J. Smythe
California Western School of Law
10 189 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law

 

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

Rank Downloads Paper Title
1 506 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 368 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 308 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 222 Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals
John C. Coates, IV
Harvard Law School
5 189 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law
6 128 The Promise and Problems of Universal, General Theories of Contract Law
Brian Bix
University of Minnesota Law School
7 127 Crowdfunding Investment Contracts
Jack Wroldsen
Oklahoma State University Spears School of Business
8 108 The Illiberty of Contract
Donald J. Smythe
California Western School of Law
9 91 Long-Term Business Relationships and Implicit Contracts in European Private Law
Ugljesa Grusic
Faculty of Laws, University College London
10 86 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

December 1, 2016 in Recent Scholarship | Permalink | Comments (0)

Friday, November 18, 2016

Scholarship Spotlight: "The Promise and Problems of Universal, General Theories of Contract Law" (Brian Bix - Minnesota)

Do theories of contract law actually explain what they purport to explain? Legal philosopher and contracts scholar Brian Bix (University of Minnesota) suggests in a concise but content-packed piece entitled The Promise and Problems of Universal, General Theories of Law that the answer to that question is usually no.

 Here is Professor Bix's abstract:

Brian Bix (Minnesota)There is a growing literature offering (competing) theories of particular doctrinal areas – theories of contract law, tort law, property law, criminal law, restitution law, etc. As theories of doctrinal areas – and, not limited in title or description to the doctrinal area of a particular jurisdiction or time period – they purport to describe, explain, or (and) justify all past, present, and possible versions of that doctrinal area. The audacious ambition of such claims has done little to slow the supply of these theories, though it may explain why so few among these projects pause to consider explicitly their methodology and grounds. In this paper, I explore what may justify these sorts of theories, and what problems they need to overcome. I use examples primarily from contract law, as it is the area I know best, but I suspect that the promise and problems of general theories of other areas of law will be similar. Part I examines what is meant by general and universal theories. Part II considers the practice of rational reconstruction, a practice that is both often at the core of what theorists of doctrinal areas do, and central to how they justify their project. Part III reflects more generally on the factors that might cause caution about the project of general theory. Part IV comes from the other direction, looking at the considerations that motivate or ground general theories. And Part V adds a few comments on prescriptive theories.

Contract theories thus provide useful paradigms for explaining and understanding doctrine, but they might do better to disclaim their implicit claim to universality. Bix concludes, in part, with the observation that "[t]he mere fact that theories of doctrinal areas that are implicitly or explicitly universal and general are taken seriously, and not dismissed immediately as nonsense, indicates that they have some grounding in the rules and practices of legal systems."

Professor Bix's article, The Promise and Problem of Universal, General Theories of Contract Law is available for SSRN download here.

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

Thursday, November 17, 2016

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

 

  Top-10-handwritten



SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

1 488 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 326 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 293 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 269 Inside Safe Assets
Anna Gelpern and Erik F. Gerding
Georgetown University Law Center and University of Colorado Law School
5 223 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
6 174 Is Privacy Policy Language Irrelevant to Consumers?
Lior Strahilevitz and Matthew B. Kugler
University of Chicago Law School and Northwestern University - Pritzker School of Law
7 171 Optimal Fee-Shifting Bylaws
Albert H. Choi
University of Virginia School of Law
8 171 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law
9 166 Tort Reform through the Backdoor: A Critique of Law & Apologies
Yonathan A. Arbel and Yotam Kaplan
Harvard Law School and Hebrew University of Jerusalem
10 119 Crowdfunding Investment Contracts
Jack Wroldsen
Oklahoma State University Spears School of Business

 

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

Rank Downloads Paper Title
1 488 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 326 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 293 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 171 Optimal Fee-Shifting Bylaws
Albert H. Choi
University of Virginia School of Law
5 171 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law
6 141 Signing Without Reading
Gerrit De Geest
Washington University in Saint Louis - School of Law
7 119 Crowdfunding Investment Contracts
Jack Wroldsen
Oklahoma State University Spears School of Business
8 106 The Illiberty of Contract
Donald J. Smythe
California Western School of Law
9 92 Financial Contracting in Crowdinvesting: Lessons from the German Market
Lars Klöhn, Lars Hornuf and Tobias Schilling
Humboldt University of Berlin - Faculty of Law, University of Trier and Humboldt University of Berlin - Faculty of Law
10 84 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

 

November 17, 2016 in Recent Scholarship | Permalink | Comments (0)

Thursday, November 10, 2016

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

Top-10-thumbsup

SSRN Top Downloads For SSRN Logo2
Contracts & Commercial Law eJournal

Rank Downloads Paper Title
1 431 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 297 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 277 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 264 Inside Safe Assets
Anna Gelpern and Erik F. Gerding
Georgetown University Law Center and University of Colorado Law School
5 206 Online RPM and MFN Under Antitrust Law and Economics
Pinar Akman and D. Daniel Sokol
University of Leeds and University of Florida - Levin College of Law
6 172 Is Privacy Policy Language Irrelevant to Consumers?
Lior Strahilevitz and Matthew B. Kugler
University of Chicago Law School and Northwestern University - Pritzker School of Law
7 163 Tort Reform through the Backdoor: A Critique of Law & Apologies
Yonathan A. Arbel and Yotam Kaplan
Harvard Law School and Hebrew University of Jerusalem
8 160 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law
9 158 Optimal Fee-Shifting Bylaws
Albert H. Choi
University of Virginia School of Law
10 128 The Grey Hole Problem in Commercial Boilerplate
Stephen J. Choi, G. Mitu Gulati and Robert E. Scott
New York University School of Law, Duke University School of Law and Columbia University - Law School

 

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

Rank Downloads Paper Title
1 432 The Reform of the French Law of Obligations: Les Jeux Sont Faits
Jan M. Smits and Caroline Calomme
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) and Maastricht European Private Law Institute (M-EPLI)
2 297 The Law of Smart Contracts
Max Raskin
New York University (NYU), School of Law
3 277 The Role of the State in Contract Law: The Common-Civil Law Divide
Mariana Pargendler
Fundação Getulio Vargas Law School at São Paulo
4 160 'All the World's a Stage': The Seven Ages of Unjust Enrichment
Graham Virgo
University of Cambridge - Faculty of Law
5 158 Optimal Fee-Shifting Bylaws
Albert H. Choi
University of Virginia School of Law
6 131 Signing Without Reading
Gerrit De Geest
Washington University in Saint Louis - School of Law
7 110 Crowdfunding Investment Contracts
Jack Wroldsen
Oklahoma State University Spears School of Business
8 102 The Illiberty of Contract
Donald J. Smythe
California Western School of Law
9 83 Financial Contracting in Crowdinvesting: Lessons from the German Market
Lars Klöhn, Lars Hornuf and Tobias Schilling
Humboldt University of Berlin - Faculty of Law, University of Trier and Humboldt University of Berlin - Faculty of Law
10 77 First or Second Best? Judicial Law-Making in European Private Law
Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

 

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