ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

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Tuesday, July 15, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 235 The Privatization of Compliance 
Scott Killingsworth 
Bryan Cave LLP 
2 177 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
3 171 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
4 124 Bankers and Chancellors 
William W. Bratton and Michael L. Wachter 
Institute for Law and Economics, University of Pennsylvania Law School and University of Pennsylvania Law School - Institute for Law and Economics 
5 123 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 82 Bylaws Mandating Arbitration of Stockholder Disputes? 
Claudia H Allen 
Katten Muchin Rosenman LLP 
7 78 The First Sale Doctrine and the Economics of Post-Sale Restraints 
Ariel Katz 
University of Toronto - Faculty of Law 
8 65 'Gap Filling' by Arbitrators 
Alan Scott Rau 
University of Texas at Austin School of Law 
9 62 The Costs of Corporate Bankruptcy: How Little We Know 
Stephen J. Lubben 
Seton Hall University - School of Law 
10 61 Ending Class Actions as We Know Them: Rethinking the American Class Action 
Linda S. Mullenix 
University of Texas School of Law 

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

RankDownloadsPaper Title
1 177 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
2 171 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
3 123 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
4 66 'Selling Out' and the Impact of Music Piracy on Artist Entry 
Joshua S. Gans 
University of Toronto - Rotman School of Management
5 65 'Gap Filling' by Arbitrators 
Alan Scott Rau 
University of Texas at Austin School of Law 
6 57 Of Priors and of Disconnects 
Margaret Jane Radin 
University of Michigan Law School 
7 53 Behavioral Trade-Offs 
Yuval Feldman and Orly Lobel 
Bar-Ilan University - Faculty of Law and University of San Diego School of Law 
8 53 Between Property Law and Contract Law: The Case of Securities 
Matthias Haentjens 
Leiden University - Leiden Law School 
9 49 A Eulogy for the EULA 
Miriam A. Cherry 
Saint Louis University - School of Law 
10 49 Good Faith and Fair Dealing as an Underenforced Legal Norm 
Paul MacMahon 
London School of Economics - Law Department

 

July 15, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Tuesday, July 8, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 215 The Privatization of Compliance 
Scott Killingsworth 
Bryan Cave LLP 
2 157 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
3 144 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law
4 128 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
5 121 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 118 Bankers and Chancellors 
William W. Bratton and Michael L. Wachter 
Institute for Law and Economics, University of Pennsylvania Law School and University of Pennsylvania Law School - Institute for Law and Economics 
7 83 Review Essay: Reading the Dream Machine: The Untold Story of the Notorious V-22 Osprey, by Richard Whittle, in Light of the Defense Acquisition Performance Study 
Steven L. Schooner and Nathaniel E. Castellano 
George Washington University - Law School and George Washington University - Law School 
8 77 Bylaws Mandating Arbitration of Stockholder Disputes? 
Claudia H Allen 
Katten Muchin Rosenman LLP
9 75 The First Sale Doctrine and the Economics of Post-Sale Restraints 
Ariel Katz 
University of Toronto - Faculty of Law 
10 63 'Gap Filling' by Arbitrators 
Alan Scott Rau 
University of Texas at Austin School of Law 

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

RankDownloadsPaper Title
1 157 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
2 143 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
3 128 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
4 121 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
5 64 'Selling Out' and the Impact of Music Piracy on Artist Entry 
Joshua S. Gans 
University of Toronto - Rotman School of Management 
6 63 'Gap Filling' by Arbitrators 
Alan Scott Rau 
University of Texas at Austin School of Law 
7 57 Of Priors and of Disconnects 
Margaret Jane Radin 
University of Michigan Law School 
8 50 Between Property Law and Contract Law: The Case of Securities 
Matthias Haentjens 
Leiden University - Leiden Law School 
9 50 Behavioral Trade-Offs 
Yuval Feldman and Orly Lobel 
Bar-Ilan University - Faculty of Law and University of San Diego School of Law 
10 48 A Eulogy for the EULA 
Miriam A. Cherry 
Saint Louis University - School of Law 

 

 

July 8, 2014 in Government Contracting, Recent Scholarship | Permalink | TrackBack (0)

Wednesday, July 2, 2014

New in Print

Tuesday, July 1, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 203 The Privatization of Compliance 
Scott Killingsworth 
Bryan Cave LLP
2 166 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
3 150 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
4 135 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
5 120 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 117 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
7 115 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
8 114 Bankers and Chancellors 
William W. Bratton and Michael L. Wachter 
Institute for Law and Economics, University of Pennsylvania Law School and University of Pennsylvania Law School - Institute for Law and Economics 
9 106 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
10 97 The Smartphone Royalty Stack: Surveying Royalty Demands for the Components Within Modern Smartphones 
Ann K. ArmstrongJoseph J. Mueller and Tim Syrett 
Intel Corporation, WilmerHale (Boston) and WilmerHale (Boston) 

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

RankDownloadsPaper Title
1 166 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
2 150 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
3 134 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
4 120 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
5 117 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
6 115 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
7 106 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
8 63 'Selling Out' and the Impact of Music Piracy on Artist Entry 
Joshua S. Gans 
University of Toronto - Rotman School of Management 
9 59 'Gap Filling' by Arbitrators 
Alan Scott Rau 
University of Texas at Austin School of Law 
10 54 Of Priors and of Disconnects 
Margaret Jane Radin 
University of Michigan Law School 

 

 

July 1, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Symposium Issue on Contract Law in 2025

The Duquesne Law Review recently published a symposium issue on "Contract Law in 2025" -- I've pasted links to the contributions below:

 

Back Home

 

Drafting Our Future: Contract Law In 2025

SYMPOSIUM ARTICLES

The Judicial Vision of Contract: The Constructed Circle of Assent and Unconscionability
John E. Murray, Jr.

 

The Future of Fault in Contract Law
Robert A. Hillman

 

Two Alternate Visions of Contract Law in 2025
Nancy S. Kim

 

The Future of Many Contracts
Victor P. Goldberg

 

A Eulogy for the EULA
Miriam A. Cherry

 

The Death of Contracts
Franklin G. Snyder & Ann M. Mirabito

 

July 1, 2014 in Miscellaneous, Recent Scholarship, Web/Tech | Permalink | TrackBack (0)

Wednesday, June 25, 2014

New in Print

Pile of BooksJason W. Burge & Lara K. Richards, A Compelling Case for Streamlining Venue of Actions to Enjoin Arbitration. 88 Tul. L. Rev. 773(2014)

Elizabeth B. Crawford & Janeen M. Carruthers, Connection and Coherence Between and Among European Instruments in the Private International Law of Obligations, 63 Int'l & Comp. L.Q. 1 (2014)

Richard Holden & Anup Malani, Renegotiation Design by Contract. 81 U. Chi. L. Rev. 151 (2014)

Sandra K. Miller, The Best of Both Worlds: Default Fiduciary Duties and Contractual Freedom in Alternative Business Entities. 39 J. Corp. L. 295 (2014)

Daniel P. O'Gorman, The Restatement (Second) of Contracts' Reasonably Certain Terms Requirement: A Model of Neoclassical Contract Law and a Model of Confusion and Inconsistency, 36 U. Haw. L. Rev. 169 (2014).

June 25, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Tuesday, June 24, 2014

Weekly Top Tens from the Social Science Research Network

SSRN
SSRN Top Downloads For Contracts & Commercial Law eJournal 

RECENT TOP PAPERS 

RankDownloadsPaper Title
1 164 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law
2 159 The Privatization of Compliance 
Scott Killingsworth 
Bryan Cave LLP
3 141 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
4 125 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law
5 114 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 113 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
7 109 Bankers and Chancellors 
William W. Bratton and Michael L. Wachter 
Institute for Law and Economics, University of Pennsylvania Law School and University of Pennsylvania Law School - Institute for Law and Economics 
8 107 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
9 100 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law
10 83 The Smartphone Royalty Stack: Surveying Royalty Demands for the Components Within Modern Smartphones 
Ann K. ArmstrongJoseph J. Mueller and Tim Syrett 
Intel Corporation, WilmerHale (Boston) and WilmerHale (Boston) 

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

RankDownloadsPaper Title
1 164 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
2 141 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
3 125 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
4 114 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
5 113 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
6 107 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
7 100 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law
8 62 'Selling Out' and the Impact of Music Piracy on Artist Entry 
Joshua S. Gans 
University of Toronto - Rotman School of Management 
9 53 Of Priors and of Disconnects 
Margaret Jane Radin 
University of Michigan Law School 
10 51 Behavioural Economics and Contract Law 
Ricardo Pazos 
Universidade de Santiago de Compostela

 

June 24, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Tuesday, June 17, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 791 Aftermarketfailure: Windows XP's End of Support 
Andrew Tutt 
Yale University - Information Society Project 
2 172 The FTC and Privacy and Security Duties for the Cloud 
Daniel J. Solove and Woodrow Hartzog 
George Washington University Law School and Samford University - Cumberland School of Law 
3 139 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 115 The Privatization of Compliance 
Scott Killingsworth 
Bryan Cave LLP 
5 111 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 108 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
7 99 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
8 97 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
9 91 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
10 74 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 

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

RankDownloadsPaper Title
1 145 Public Lands and the Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act 
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law 
2 139 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
3 111 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
4 108 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
5 99 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 
6 97 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
7 91 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
8 74 A Psychological Account of Consent to Fine Print 
Tess Wilkinson‐Ryan 
University of Pennsylvania Law School 
9 64 A Study of the Risks of Contract Ambiguity 
Preston M. Torbert 
University of Chicago Law School 
10 56 'Selling Out' and the Impact of Music Piracy on Artist Entry 
Joshua S. Gans 
University of Toronto - Rotman School of Management 

 

June 17, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Thursday, June 12, 2014

Terms of Use as Entertainment

Miriam A. Cherry

(The next John Grisham?)

We here at the contracts prof blog are frequently in a lather over adhesive contracts.  Terms of use run amok, arbitration clauses are routinely enforced, and non-compete clauses prevent teenagers from seeking gainful employment.  Yet, where's the outrage from other quarters?  One problem, as John Oliver notes in this hilarious (and effective) bit on net neutrality, is that some things are just too BORING to grab consumers' attention.  Towards the end of the clip (about 10:10), he states this truth:  "If you want to do something evil, put it inside something boring."  He speculates that Apple could put the entire text of Mein Kampf inside its user agreement and we would just hit "Agree." 

That's really the problem with Terms of Use - they are just too boring that except for a few contracts profs, most people don't want to think about them.  They just want them to go away.  One solution is to make them more interesting.  John Oliver's approach to net neutrality - to make it ridiculously funny yet informative - is one way to awaken the sleeping consumer into righteous outrage.  Apparently the FCC's comment site temporarily shut down after he encouraged viewers to voice their displeasure.  Of course, South Park has already poked fun at the iTunes agreeement.  That didn't result in a boycott of Apple's products because there was no "call for action."  It did, however, raise the issue for many and has become a useful cultural reference point on the state of consumer helplessness in the face of TOS.

Another way to provoke interest in the subject might be to write an imaginative futuristic tale of a world controlled by EULAs, like Miriam Cherry has done here.  Her fast-paced story is a mashup of Girl with a Dragon Tattoo, Boilerplate and Ender's Game - beach reading for contracts profs!

June 12, 2014 in Miscellaneous, Recent Scholarship, True Contracts | Permalink | Comments (2) | TrackBack (0)

Wednesday, June 11, 2014

New in Print

Tuesday, June 10, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 788 Aftermarketfailure: Windows XP's End of Support 
Andrew Tutt 
Yale University - Information Society Project 
2 166 The FTC and Privacy and Security Duties for the Cloud 
Daniel J. Solove and Woodrow Hartzog 
George Washington University Law School and Samford University - Cumberland School of Law 
3 139 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 126 Payment after Actavis 
Michael A. Carrier 
Rutgers University School of Law - Camden 
5 105 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
6 103 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
7 102 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 
8 93 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
9 88 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
10 79 Refining Rectification 
David McLauchlan 
Victoria University of Wellington - Faculty of Law 

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

RankDownloadsPaper Title
1 176 The Evolving Private International Law/Substantive Law Overlap in the European Union 
Ronald A. Brand 
University of Pittsburgh - School of Law
2 145 Public Lands and the Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act 
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law 
3 139 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 105 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
5 102 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 
6 102 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
7 93 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
8 88 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
9 79 Refining Rectification 
David McLauchlan 
Victoria University of Wellington - Faculty of Law 
10 76 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 

 

June 10, 2014 in Recent Scholarship | Permalink | TrackBack (0)

The (Im)morality of Disclosure and Contract Design

I've been thinking a lot about contract design, disclosure and consent recently, and had a chance to read Tess Wilkinson-Ryan, A Psychological Account of Consent to Fine Print, 99 IOWA L. REV. 1745 (2014) which (from the abstract):

 "aims to unpack the beliefs, preferences, assumptions and biases that constitute our assessments of assent to boilerplate.  Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role in judgments of blame for transactional harms.  Using experimental methods from the psychology of judgment and decision-making, I test the psychological explanations for this disjunction, including motivated reasoning and reliance on availability heuristics." 

Wilkinson-Ryan concludes that, while disclosures may not have noticeable effects on the assent process (i.e. whether consumers read or understand terms), they have "enormous effects on how we understand transactional harms."  In other words, we are more likely to understand that the consumer has consented and that the consumer is to blame for having consented if the particular disputed issue has been disclosed. 

Wilkinson-Ryan covers the same territory that Eric Zacks covered in a couple of earlier articles having to do with contracting behavior by firms and the effect of contract design on how consumers perceive their moral obligations.  In the first article, Contracting Blame, 15 Univ. of Penn. J. of Bus. L. 169 (2012) Zacks (I’m quoting from the abstract again):

 “explores the impact of the cognitive biases of judges and juries in the context of contract preparation and execution....This Article makes a novel link between behavioral literature and contract preparation and suggests that contract preparers may be able to manipulate adjudicators’ cognitive biases systematically. Exclusive of the economic bargain, contract provisions can provide attributional 'clues' about the contracting context that inform and reassure judicial interpreters that a particular contracting party is more blameworthy than another....In light of the significant implications of the existence and prospective use of such attributional clues for contract law theory and judgment, this Article proposes a broader contextual and adjudicative focus when contemplating contract law reforms.”

In the second, Shame, Regret and Contract Design, 97 Marquette L. Rev. (forthcoming), Zacks argues (again from the abstract):

“(c)ontracts can encourage individuals to feel shame, to blame themselves, to believe that contracts are sacred promises that should be specifically performed, to utilize faulty judgment heuristics when determining contract costs, and to rely on misperceived social norms with respect to challenging or breaching contracts. This may influence them not to breach or challenge an otherwise uneconomical, unconscionable, or illegal contract.” 

 
The takeaway from these three articles?  Firms are manipulating consumers through disclosure and contract design into performing contracts without real consent.  The question then is what to do about it.

Wilkinson-Ryan’s article raises interesting questions about whether disclosure requirements have unintended consequences.  I think her article provides additional support for Omri Ben Shahar and Carl Schneider's book, More Than You Wanted to Know:  The Failure of Mandated Disclosure (Princeton, 2014).*  But rather than concluding that disclosure is a lousy way to address the problem of consent (which it often is), I came to a slightly different conclusion based upon one of her studies. That study found that "making the firm's behavior more salient changed how subjects ranked the blameworthiness of the parties." Wilkinson-Ryan notes that, "(u)nless participants are prompted to think about the firm's drafting process as a set of choices, the drafter's role is not a salient factor in judgments of blame." In my book, Wrap Contracts, and elsewhere, I argue that courts should stop focusing on consumer's "duty to read" and focus instead on the company's "duty to draft reasonably."  In other words, courts should consider whether the drafting firm could have presented and drafted the contract terms in a better, more understandable fashion rather than on whether the adherent "should" have noticed the terms. This shifts the burden of form contracting - and Wilkinson-Ryan's studies suggest, the moral blame -- from the non-reading consumer to the bad-drafting, morally culpable, company.   Of course, requiring companies to draft reasonably (as distinguished from providing “reasonable notice”) doesn’t get us all the way there – but it may help shift the focus away from blaming the adherent-victim  to thinking about the immorality of the drafting firm.


*This blog plans to host a symposium on their book sometime in the fall so stay tuned.

**Boycott Amazon and buy this book from the publisher's website. 

June 10, 2014 in Commentary, Miscellaneous, Recent Scholarship | Permalink | TrackBack (0)

Wednesday, June 4, 2014

New in Print

Tuesday, June 3, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 785 Aftermarketfailure: Windows XP's End of Support 
Andrew Tutt 
Yale University - Information Society Project 
2 156 The FTC and Privacy and Security Duties for the Cloud 
Daniel J. Solove and Woodrow Hartzog 
George Washington University Law School and Samford University - Cumberland School of Law 
3 132 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 124 Payment after Actavis 
Michael A. Carrier 
Rutgers University School of Law - Camden 
5 100 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
6 93 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
7 83 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
8 81 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
9 80 Financial Fair Play ou "Oligopoleague" de clubs rentiers: Elements d'analyse en droit de la concurrence ('Financial Fair Play' or Rent-Seeking 'Oligopoleague'?: A Preliminary Analysis of the UEFA's Break Even Requirement Under the EU Competition Rules) 
Nicolas Petit 
University of Liege 
10 73 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 

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

RankDownloadsPaper Title
1 171 The Evolving Private International Law/Substantive Law Overlap in the European Union 
Ronald A. Brand 
University of Pittsburgh - School of Law 
2 140 Public Lands and the Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act 
Donald J. Kochan 
Chapman University, The Dale E. Fowler School of Law
3 132 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 100

From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law

5 93 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 
6 83 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 
7 81 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
8 73 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 
9 65 Refining Rectification 
David McLauchlan 
Victoria University of Wellington - Faculty of Law 
10 63 Beauty and Ugliness in Offer and Acceptance 
Kenneth K. Ching 
Regent University - School of Law 

June 3, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Monday, June 2, 2014

New in Print: Books, Part III

Stefan Grundmann, et al. (eds.), The Organizational Contract: From Exchange to Long-Term Network Cooperation in European Contract Law (Ashgate 2013)

  • Organizational ContractThis book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

  • Contents: Preface: Society of European Contract Law (SECOLA): Part I Overview: The contractual basis of long-term organization - the overall architecture, Stefan Grundmann, Fabrizio Cafaggi and Giuseppe Vettori. Part II The Structure of Long-Term Contractual Cooperation: Dissecting long-term contracts: a law and economics approach, Mireia Artigot i Golobardes and Fernando Gómez Pomar; Contractual networks, contract design, and contract interpretation: the case of credit cards, Clayton P. Gillette; The lion, the fox and the workplace: fundamental rights and the politics of long-term contractual relationships, Chantal Mak. Part III Network of Contracts: ‘And if I by Beelzebub cast out devils…’: an essay on the diabolics of network failure, Gunther Teubner; Contracts with network effects: is the time now right?, Roger Brownsword; Networks of contracts and competition law, Michael Martinek. Part IV Knowledge Exchange in Long-Term Contractual Cooperation: Good faith related duties of disclosure and a view on franchising, Massimo Bianca; Trade secrets vs skill and knowledge, Aurea Suñol; Long-term relationships: networks and exchange of knowledge in production and distribution contracts, Marco Gobbato. Part V Remedies and Specific Governance Rules in Long-Term Relationships: Contract remedies - a relational perspective, Yehuda Adar and Moshe Gelbard; Contract governance within corporate governance: a lesson from the global financial crisis, Florian Möslein. Part VI Towards Legislation?: The nemesis of European private law: contractual nexus as a legislative conundrum, Marc Amstutz; Towards a legal framework for transnational European networks?, Fabrizio Cafaggi and Stefan Grundmann; Index.

June 2, 2014 in Books, Recent Scholarship | Permalink | TrackBack (0)

Wednesday, May 28, 2014

New in Print: Books, Part II

 

Pile of Books

Two New Books from Hart Publishing

Contractual Indemnities
By Wayne Courtney

Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law.

The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties.

The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries.

Courtney BookWayne Courtney is a Senior Lecturer in the Faculty of Law at the University of Sydney.

Please click here to view the table of contents for this book

April 2014   362pp   Hbk   9781849462907   RSP: £75 / US $150

Discount Price: £60 / US $120

Order Online in the US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘CONTRACTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US website: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849462907

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘CONTRACTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW website: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849462907

Russia BookContract Law in Russia

By Maria Yefremova, Svetlana Yakovleva and Jane Henderson

The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system.

The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action.

The target readership therefore includes legal practitioners who have to deal with Russian law, academics and students with an interest in Russian law, the law of contract and comparative civil law, as well as scholars of comparative legal systems and Russian area studies.

Maria Yefremova graduated cum laude from the Faculty of Law at the State University - Higher School of Economics in Moscow and is qualified to practise law in the Russian Federation. She also holds an LLM degree in Public International and European Union Law from the University of Amsterdam. Prior to establishing a legal practice with Svetlana Yakovleva, Maria worked for the Moscow office of White & Case LLC. Maria is currently  Corporate Legal Counsel at Level 3 Communications.

Svetlana Yakovleva graduated cum laude from the Faculty of Law at the State University - Higher School of Economics in Moscow and is qualified to practise law in the Russian Federation. She holds an LLM degree in Law and Economics from the Erasmus University, Rotterdam and the University of Hamburg (EMLE). Svetlana worked for the Moscow office of Debevoise & Plimpton LLP, then established and ran a legal practice with Maria Yefremova. She now holds the position of Legal and Compliance Officer at Allianz Global Assistance Russia.

Jane Henderson is Senior Lecturer in Law at the Dickson Poon School of Law, King's College London, a member of King's Russia Institute and an Adjunct Professor at the University of Notre Dame (USA) in England.

Please click here to view the table of contents for this book

May 2014   326pp   Pbk   9781849462990   RSP: £25 / US $50

Discount Price: £20 / US $40

Order Online in the US

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please mention ref: ‘CONTRACTSPROFBLOG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

US website: http://www.hartpublishingusa.com/books/details.asp?ISBN=9781849462990

Order Online in the UK, EU and ROW

If you would like to place an order you can do so through the Hart Publishing website (link below). To receive the discount please type the reference ‘CONTRACTSPROFBLOG’ in the voucher code field and click ‘apply’.

UK, EU and ROW website: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849462990

If you have any questions please contact Hart Publishing

Hart Publishing Ltd, 16C Worcester Place, Oxford, OX1 2JW

Telephone Number: 01865 517 530 Fax Number: 01865 510 710

Website: www.hartpub.co.uk   Hart Publishing Ltd. is registered in England No. 3307205

May 28, 2014 in Books, Recent Scholarship | Permalink | TrackBack (0)

New in Print: Books, Part I

This week on New in Print, we are highlighting recent book-length publications on contracts law, and we have a bit of a backlog, so it may take several posts.

We want to start with a book that will be the subject of an online symposium in the Fall:

Disclosure BookOmri Ben-Shahar and Carl E. Schneider, More Than You Wanted to Know: The Failure of Mandated Disclosure (Princeton, 2014)

Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?

Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite.

Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

Omri Ben-Shahar is the Leo and Eileen Herzel Professor of Law at the University of Chicago. His books includeBoilerplate: The Foundation of Market ContractsCarl E. Schneider is the Chauncey Stillman Professor of Law and professor of medicine at the University of Michigan. His books include The Practice of Autonomy: Patients, Doctors, and Medical Decisions.

Endorsement:

"Ben-Shahar and Schneider have written what for a long time will be the definitive work on regulations that require sellers of goods and services to provide information about their products that sellers will not voluntarily provide but that the regulators believe will help the consumers to make intelligent choices. Apparently these 'mandated disclosures' are ignored by the vast majority of consumers. The authors are unrelievedly negative about the efficacy of mandated disclosures. They are right to be. Their analysis is clear, comprehensive, and convincing."--Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit

"I read this book with rapt attention. It is magnificent. Ben-Shahar and Schneider have done a masterful job of setting out their case clearly, plainly, and persuasively."--Tom Baker, University of Pennsylvania

"Ben-Shahar and Schneider present a compelling argument. They contend that mandated disclosure is a policy failure that is not easily remedied."--Zev J. Eigen, Northwestern University

"Significant and original. The research is prodigious. I am not aware of another treatment of disclosure that crosses disciplinary lines to this extent, and the analysis is all the more worthwhile for it. Ben-Shahar and Schneider show how disclosures have become pervasive in our society yet are largely ignored and misunderstood."--Clayton Gillette, New York University

Table of Contents:

Preface ix
Part I - The Ubiquity of Mandated Disclosure 1
Chapter 1 Introduction 3
Chapter 2 Complex Decisions, Complex Disclosures 14
Chapter 3 The Failure of Mandated Disclosure 33
Part I - Why Disclosures Fail 55
Chapter 4 "Whatever": The Psychology of Mandated Disclosure 59
Chapter 5 Reading Disclosures 79
Chapter 6 The Quantity Question 94
Chapter 7 From Disclosure to Decision 107
Part III - Can Mandated Disclosure Be Saved? 119
Chapter 8 Make It Simple? 121
Chapter 9 The Politics of Disclosure 138
Chapter 10 Producing Disclosures 151
Chapter 11 At Worst, Harmless? 169
Chapter 12 Conclusion: Beyond Disclosurism 183
Notes 197
Index 225

May 28, 2014 in Books, Recent Scholarship | Permalink | TrackBack (0)

Tuesday, May 27, 2014

Weekly Top Tens from the Social Science Research Network

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

RankDownloadsPaper Title
1 783 Aftermarketfailure: Windows XP's End of Support 
Andrew Tutt 
Yale University - Information Society Project 
2 212 The Futility of Cost Benefit Analysis in Financial Disclosure Regulation 
Omri Ben-Shahar and Carl E. Schneider 
University of Chicago Law School and University of Michigan Law School 
3 151 The FTC and Privacy and Security Duties for the Cloud 
Daniel J. Solove and Woodrow Hartzog 
George Washington University Law School and Samford University - Cumberland School of Law 
4 129 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
5 120 Payment after Actavis 
Michael A. Carrier 
Rutgers University School of Law - Camden 
6 97 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
7 79 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
8 70 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 
9 68 The Expectation Measure and Its Discontents 
Shawn J. Bayern and Melvin A. Eisenberg 
Florida State University - College of Law and University of California, Berkeley - School of Law 
10 68 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law 

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

RankDownloadsPaper Title
1 167 The Evolving Private International Law/Substantive Law Overlap in the European Union 
Ronald A. Brand 
University of Pittsburgh - School of Law 
2 139 Public Lands and the Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act 
Donald J. Kochan 
Chapman University School of Law
3 129 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 97 From Status to Contract: The Unhappy Case of Johann Sebastian Bach 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of La
5 79 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law
6 70 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law 
7 68 The Expectation Measure and Its Discontents 
Shawn J. Bayern and Melvin A. Eisenberg 
Florida State University - College of Law and University of California, Berkeley - School of Law
8 68 The Europeanisation of Contract Law and the Proposed Common European Sales Law 
Hector Lewis MacQueen 
University of Edinburgh - School of Law
9 60 Refining Rectification 
David McLauchlan 
Victoria University of Wellington - Faculty of Law 
10 57 Personal and Proprietary Remedies for Breach of Confidence: Nearer to Breach of Fiduciary Duty or Breach of Contract? 
Graham Virgo 
University of Cambridge - Faculty of Law 

 

May 27, 2014 in Recent Scholarship | Permalink | TrackBack (0)

Wednesday, May 21, 2014

New in Print

Tuesday, May 20, 2014

Weekly Top Tens from the Social Science Research Network

SSRNSSRN Top Downloads For Contracts & Commercial Law eJournal

RECENT TOP PAPERS 

RankDownloadsPaper Title
1 781 Aftermarketfailure: Windows XP's End of Support 
Andrew Tutt 
Yale University - Information Society Project 
2 206 The Futility of Cost Benefit Analysis in Financial Disclosure Regulation 
Omri Ben-Shahar and Carl E. Schneider 
University of Chicago Law School and University of Michigan Law School 
3 167 A Draft Australian Law of Contract 
Ted WrightM P Ellinghaus and D StL Kelly 
University of Newcastle (Australia) - Faculty of Business and Law, University of Newcastle (Australia) - Faculty of Business and Law and University of Newcastle (Australia) - Faculty of Business and Law 
4 145 The FTC and Privacy and Security Duties for the Cloud 
Daniel J. Solove and Woodrow Hartzog 
George Washington University Law School and Samford University - Cumberland School of Law 
5 128 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law
6 127 Introduction to Philosophical Foundations of Contract Law 
Gregory Klass 
Georgetown University Law Center
7 124 Document Appreciation: Some Characteristics of Legal Documents (and Talking with Students About Them) 
Jay A. Mitchell 
Stanford Law School 
8 117 Payment after Actavis 
Michael A. Carrier 
Rutgers University School of Law - Camden 
9 99 Property as the Law of Democracy 
Joseph William Singer 
Harvard Law School 
10 94 Democratic Contract Law 
Martijn W. Hesselink 
University of Amsterdam - Centre for the Study of European Contract Law (CSECL

SSRN Top Downloads For LSN: Contracts (Topic)

RECENT TOP PAPERS 

RankDownloadsPaper Title
1 161 The Evolving Private International Law/Substantive Law Overlap in the European Union 
Ronald A. Brand 
University of Pittsburgh - School of Law 
2 132 Public Lands and the Federal Government's Compact-Based 'Duty to Dispose': A Case Study of Utah's H.B. 148 — The Transfer of Public Lands Act 
Donald J. Kochan 
Chapman University School of Law 
3 128 Public-Private Contracting and the Reciprocity Norm 
Wendy Netter Epstein 
DePaul University - College of Law 
4 127 Introduction to Philosophical Foundations of Contract Law 
Gregory Klass 
Georgetown University Law Center 
5 124 Document Appreciation: Some Characteristics of Legal Documents (and Talking with Students About Them) 
Jay A. Mitchell 
Stanford Law School 
6 94 Democratic Contract Law 
Martijn W. Hesselink 
University of Amsterdam - Centre for the Study of European Contract Law (CSECL) 
7 90 From Status to Contract: The Unhappy Case of Johann Sebastian Bach Jonathan Yovel 
Yale Law School; NYU School of Law - Straus Institute for the Advanced Study of Law and Justice; University of Haifa - Faculty of Law
8 69 The Incoherent Role of Bargaining Power in Contract Law 
Max N. Helveston and Michael S. Jacobs 
DePaul University - College of Law and DePaul University - College of Law
9 69 Good Faith in Contract: Why Australian Law is Incoherent 
John Carter 
University of Sydney - Faculty of Law 
10 58 The Expectation Measure and Its Discontents 
Shawn J. Bayern and Melvin A. Eisenberg 
Florida State University - College of Law and University of California, Berkeley - School of Law 

 

 

May 20, 2014 in Recent Scholarship | Permalink | TrackBack (0)