ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, September 20, 2019

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (September 20, 2019)

Top10-speech bubble

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 22 Jul 2019 - 20 Sep 2019
Rank Paper Downloads
1.

Shining a Light on Dark Patterns

University of Chicago and University of Chicago Law School
946
2.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
210
3.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
189
4.

Attention and the Law

University of Miami - School of Law
125
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
81
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
69
7.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
68
8.

The Failure of 'Notice and Consent' as Effective Consumer Policy

Indiana University Robert H. McKinney School of Law
52
9.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
51
10.

Crisis Construction in Contract Boilerplate

Duke University School of Law
51

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 22 Jul 2019 - 20 Sep 2019
Rank Paper Downloads
1.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
210
2.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
189
3.

Beach Money Exits

Benjamin N. Cardozo School of Law
110
4.

The Dark Side of Reputation

Northwestern University School of Law
85
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
81
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
69
7.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
68
8.

חישוב פיצויי ציפייה במיזמים עתירי סיכון
Calculating Expectation Damages in Risk-Intensive Ventures

Bar-Ilan University - Faculty of Law and Tel Aviv University - Buchmann Faculty of Law
62
9.

Court Review of the Decisions of the Australian Financial Complaints Authority and its Predecessors

Melbourne Law School - University of Melbourne and University of Melbourne - Law School
58
10.

The Failure of 'Notice and Consent' as Effective Consumer Policy

Indiana University Robert H. McKinney School of Law
52

September 20, 2019 in Recent Scholarship | Permalink

Thursday, September 19, 2019

Teaching Contract Law (and More) to Legal Masters Students - Part 3: Avoiding the Simulated Law Practice Paradigm

Simulation Matrix

(Part 1 of this multi-part post is available here).

(Part 2 of this multi-part post is available here).

Adapted from Mark Edwin Burge, Access to Law or Access to Lawyers? Masters Programs in the Public Educational Mission of Law Schools., 74 U. Miami L. Rev. __ (forthcoming 2019), available here or at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3420457 (footnote numbering changed).

Course Design Principle #2: Avoid premising problems and writing assignments on simulated law practice.

Legal masters programs typically accept the proposition that writing and are a need and a value within the curriculum. The value exists both where courses are primarily skills oriented and also where writing is a method of formative assessment in a principally doctrinal course. This noncontroversial premise can lead to difficulty in its execution. The baseline starting point for many law schools’ curriculum development in the area of analytical writing skills, not surprisingly. is that with which they are already familiar: the 1L legal research and writing course that already exists in some form in every J.D. program in the United States.[1] That legal analysis and writing course is quite appropriately grounded in expressing the application of actual law to simulated facts in a setting where students play the role of a lawyer. Writing assignments in doctrinal courses, while usually not playing as dominant a course role as their skills-course counterparts, nevertheless follow the same paradigm. The problems are premised on assuming the role of a lawyer who is practicing law.

Is-this-a-simulationSimulated law practice is the problem. The crucial value added in a J.D. course setting is, in fact, a distraction to the masters students, sometimes to the point of detriment. Why would this be so? The programmatic and course outcomes for masters students do not contemplate their representation of clients. Time and instruction spent on the underlying assumption of taking on the lawyer’s role undermines the developing professional identity of the affiliated non-lawyer professional by, in effect, forcing it through a level of translation. While students whose goals include taking the bar exam and representing clients are well-served by assignments prompting the imagination of themselves in the role of the attorney,[2] other professionals are not. If we in legal education believe, as we certainly should, in the crucial role that J.D. legal education plays in formative professional development, then recognizing the need for analogous development of the professional identity of legal masters students is but a small step.

A related and ever-present issue in a legal masters program is discouraging the unauthorized practice of law. A well-designed program will build in training and frequent cautioning against unauthorized practice of law throughout the curriculum. Perhaps the most important aspect of any such training, however, is repeated emphasis on the bright-line prohibition against non-lawyers taking on or advising clients on legal matters. All United States jurisdictions share this rule in some fashion, despite their variance on numerous other questions of what does and does not qualify as unauthorized practice.[3]  Accordingly, a further problem with the pedagogy of simulated law practice is that it actively engages legal masters students in doing the one thing above all others that they are expressly prohibited from doing.

If the lens of simulated law practice is where a fundamental disconnect occurs between masters curriculum and its students, then it requires a pedagogical replacement to fill the hole in problem analysis and legal writing. Though the replacement lens could take several possible forms, the most useful descriptive category is simulated client practice. What would such a simulation look like and what would it seek to elicit from the student? Consider three examples from the Legal Analysis and Writing for Clients (LAWC) course at Texas A&M. In all three examples, goals include the teaching of legal concept and communications, but doing so from the perspective of a client rather than a lawyer.

The first LAWC example is tied to the course unit covering basic legal analysis and introducing, by example, the traditional legal memorandum. The memo, however, is not the end goal; rather, it serves as an illustration of the paradigmatic means by which lawyers document and support their analysis of a legal problem. The unit is tied to understanding why lawyers do what they do, and, most critically, recognizing work product in which lawyers are employing traditional analysis, such that a client can be empowered to take predictive analysis into account.

The summative assignment for this unit involves giving the student a legal case file, much like in a 1L course, except that the case file already includes what would be the J.D. course final product—a predictive memorandum. And that is because the actual assignment is still to come. Accompanying the case file is the actual assigning memorandum, which is addressed—not to “Junior Associate” at a law firm—but the “Assistant Risk Manager” at the client company. The risk manager must read the case file, the legal memorandum, and additional facts regarding the company’s business situation. These documents form the basis the ultimate assignment: Write a report to a supervisor that (1) summarizes the legal findings, (2) summarizes the business situation, and (3) makes recommendations for the company in light of the combination of both the legal analysis and the business reality. The legal prediction and the business facts frequently do not point the same direction. For example, a memorandum predicting that the client company could win a breach of contract lawsuit may ultimately be offset by the probable negative impact of burning the business relationship with the prospective defendant. Ultimately, the legal masters student is accounting for the lawyer’s role, but is accomplishing something quite different with her report.

A second example from the LAWC course arises from a unit on understanding common and foundational litigation documents, particularly pleadings and motions. In the underlying simulation, the students are given access to selected documents from the docket of an actual case. For federal court cases, the raw PDF documents are available through the PACER, which most legal educators can access through Bloomberg Law.[4] The real case is not random, of course, but is one selected for its relevance and application to the final project, which is (again) an internal company report. Out of the wealth of real and comparatively recent federal cases that are no longer active, the instructor should select and carefully curate one involving a business dispute and parties that can serve as background for a new simulation.

Consider, for the present description, the use of a breach of warranty lawsuit regarding the quality of commercial building supplies. For the new assignment hypothetical, the company employing the masters students as risk managers happens to have a similar problem with the seller who is a defendant in the previous litigation. Upon learning that the seller had been sued before, the company president obtains the key lawsuit documents from the longtime outside counsel, who provides them as a favor to a valued client. The president then tasks the risk manager (the student) with reviewing the documents and preparing a report in light of information about the company’s present situation involving the same seller. The report assignment requires the student to provide (1) a summary of the underlying dispute from the prior litigation, (2) a summary of what—procedurally—occurred in the prior litigation, and (3) an identification of potential problems that may arise in a new lawsuit against the seller. In essence, the students are required to demonstrate literacy in litigation documents sufficient to recognize possible business concerns and cautionary tales. In one version of this assignment in the Texas A&M program, the students could discern that the seller operates as several, similarly-named entities, some of which were not subject to the court’s personal jurisdiction. The students could also report on potential causes of action from the previous litigation. In the end, the students are able to make a low-cost evaluation of their company’s situation in advance of incurring the cost of bringing in outside counsel—a worthwhile contribution to the cause of client autonomy.[5] Once again, the purpose of the assignment is not to simulate the role of the lawyer; rather, the goal is to simulate the role of a legally-literate business professional—a potential client in the making.

The third assignment example from the LAWC course at Texas A&M involves contract drafting; more specifically, it involves the intersection of contract drafting and working effectively with lawyers. The assignment  is, again, not directed to a junior attorney, but to a company “Contracting Officer” who is provided the details on either a preliminary deal or an area in which her employer needs to create a form contract. In initial substance, the assignment packet has much in common with what one might find in a J.D. contract drafting course.[6] In the lead-up to the assignment, the students receive instruction in contracting literacy, including typical document structures, purposes and examples of boilerplate, and methods of presenting substantive terms. The shift away from the J.D. framework comes in the ultimate assignment. The students are provided with specific business goals and concerns that the company wants dealt with in the final contract, and the student assignment is to prepare an annotated first draft contract to be sent to the company’s general counsel. “First draft” in this context does not mean a rough draft. It means a polished product that is nonetheless understood to be a precursor to the final product.[7] Perhaps the most important aspect of this document is that it is annotated. What does annotated mean in this assignment? The comment-bubble notes are (1) explanations of why the initial drafter did what she did, and (2) questions for the general counsel that arose in the drafting process.

For learning purposes, the annotations are more important to this assignment than is the actual contract text. The masters students are achieving two critical learning outcomes with this assignment. First, they are developing legal literacy with regard to working in and around contract documents. Business decision makers ought to be able to understand the private-law agreements to which they are or might be bound. Contending otherwise is antithetical to the purpose of private law autonomy, which is empowering parties with a modicum of legal control over their own destinies.[8] Second, the students are developing the skill of effective collaboration with lawyers, a skill that involves and requires a recognition of when and how to ask questions. Legal issues do not always show up on a company’s doorstep in the prepackaged form of a citation and summons. The contract-creation assignment provides an opportunity for initial issue spotting by the client at a far more subtle level, empowering the client with greater facility in knowing when to bring in a lawyer.[9]

All three of these example assignments teach legal-interaction skills but do not place them in the developmentally counterproductive context of simulating the practice of law. The replacement model is simulated client practice. Legal masters programs should not only address students where they are, but courses should be constructed around the imagination of where they will be. Although these examples are drawn from a skills course, their underlying philosophy should impact a doctrinal course as well. The problems and hypotheticals grounded in a call of the question like, “How would you advise your client?” should be replaced with the client-side perspective, ranging from “What legal risks concern you here?” to “What would you do?” realizing that answers to the latter question will more than occasionally include the phrase, “I’d consult a lawyer regarding . . . .”

 

[1] See ABA Standards and Rules of Procedure for Approval of Law Schools 2018-2019, Standard 303(a)(2), https://www.americanbar.org/content/dam/aba/publications/ misc/legal_education/Standards/2018-2019ABAStandardsforApprovalofLawSchools/2018-2019-aba-standards-chapter3.pdf (requiring that the J.D. program of legal education at an ABA-accredited law school include “one writing experience in the first year and at least one additional writing experience after the first year, both of which are faculty supervised”).

[2] William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of Law 185-203 (2007). See also William M. Sullivan, After Ten Years: The Carnegie Report and Contemporary Legal Education, 14 U. St. Thomas L.J. 331, 334 (2018) (advocating greater support by law schools in training future lawyers by “providing entrants to the field effective ways to engage and make their own the ethical standards, social roles, and responsibilities of the profession, grounded in the profession's fundamental purposes.”).

[3] See Leonor E. Miranda, Finding A Practical Solution to Bridging the Justice Gap for Immigrants in the United States, 30 Geo. Immigr. L.J. 163, 183 n.135 (2015) (“All 50 states have rules and laws prohibiting the unauthorized practice of law, mainly to protect consumers. Non-lawyers are generally prohibited from practicing law; however, what constitutes the ‘practice of law’ or the ‘unauthorized practice of law’ is by no means uniform, even within the same jurisdictions[.]”) (internal quotation marks omitted).

[4] Although it is a comparative latecomer to the commercial online research arena, Bloomberg Law has carved a recognized niche in its expansion of academic access to federal court dockets and documents. See, e.g., UCLA School of Law Hugh and Hazel Darling Law Library, Dockets and Court Documents in Bloomberg Law: Getting Started, https://libguides.law.ucla.edu/dockets (“Bloomberg Law is an excellent alternative to PACER. It provides access to all dockets available in PACER, and there is no charge to search dockets or to retrieve court materials from Bloomberg Law.”).

[5] Accord Anthony J. Sebok, What Do We Talk About When We Talk About Control?, 82 Fordham L. Rev. 2939, 2959 (2014) (“[T]he fear that nonlawyers will use control to influence the reasons that clients receive concerning legal decisionmaking, while genuine, needs to be balanced against client autonomy: loyalty to clients may require lawyers (and nonlawyers) to allow clients to hear opinions from whomever the client chooses.”).

[6] See, e.g., Tina L. Stark, Drafting Contracts: Why Lawyers Do What They Do (2d ed. 2014).

[7] Perhaps oddly, this situation is analogous to legal writing practices that predominated among many lawyers before the widespread adoption of word processing technology. See Lucia Ann Silecchia, Of Painters, Sculptors, Quill Pens, and Microchips: Teaching Legal Writers in the Electronic Age, 75 Neb. L. Rev. 802, 846 (1996) (“A legal writer in this earlier environment would be concerned primarily with ensuring that a first draft was relatively polished, given the practical difficulties in editing. . . . A lawyer in the pre-electronic age would, most likely, write with the expectation that there would be less rewriting and revision than is possible today.”).

[8] Cf. Mark Edwin Burge, Too Clever by Half: Reflections on Perception, Legitimacy, and Choice of Law Under Revised Article 1 of the Uniform Commercial Code, 6 Wm. & Mary Bus. L. Rev. 357, 380–81 (2015) (“Proponents of choice-of-law autonomy thus find it foundational that in the absence of third-party effects, the parties to the transaction should be permitted to choose the applicable law through contract without reference to any limiting test. In this view, law is not and should not be different from any negotiated and fully private contract term: let law be part of a marketplace.”) (internal cites and quotations omitted).

[9] Such empowerment on the client side would also arguably support a client-centered approach to representation by the lawyer. See Katherine R. Kruse, Beyond Cardboard Clients in Legal Ethics, 23 Geo. J. Legal Ethics 103, 127 (2010) (describing the client-centered approach as “directly responsive to the problem of legal objectification” in that it “urges lawyers to unlearn the professional habit of ‘issue-spotting’ their clients and to approach their clients as whole persons who are more than the sum of their legal interests.”).

September 19, 2019 in Law Schools, Recent Scholarship, Teaching | Permalink

Monday, September 16, 2019

Teaching Contract Law (and More) to Legal Masters Students - Part 2: Focus on Structural Legal Literacy

Map - Old World Compass

(Part 1 of this multi-part post is available here).

Adapted from Mark Edwin Burge, Access to Law or Access to Lawyers? Masters Programs in the Public Educational Mission of Law Schools., 74 U. Miami L. Rev. __ (forthcoming 2019), available here or at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3420457 (excerpt footnotes omitted).

Course Design Principle #1:  Focus legal text comprehension on structural legal literacy.

Understanding the general meaning and structure of legal texts—especially cases, statutes, and regulations—is a critical goal for professionals who will deal with lawyers or be the first line of defense for an organization’s legal compliance. The baseline level of this comprehension should be structural legal literacy—a broad-based ability to recognize and identify a legal text’s design features. For cases, this recognition would cover judicial rule statements, analogies to precedent, and ultimate holdings. For statutes and regulations, the identification of elements, factors, and code-defined terminology (such as definitions) would likewise be a core competency. Such parsing of legal text is an early focus of J.D. legal education, but there it builds out toward more advanced concepts like the temporal development of common law and the discernment of legislative intent. For masters students, the structural comprehension is not merely a means to other ultimate goals; rather, it is itself an ultimate goal.

That distinction between being an end rather than a means to an end is a substantive one: It impacts fundamental pedagogy. Most significantly, the signal, historical pedagogy of legal education—the Socratic method—is ill-advised for masters-type legal education. As others have observed in the J.D. context, Socratic method has some significant educational value, but it is inefficient for teaching the law. Indeed, the Socratic method’s purpose, in the very real articulation of the famous-but-fictional Professor Kingsfield, is not to teach the  law, but rather to train students to think like a practicing lawyer. While “thinking like a lawyer” is a time-honored and worthy goal in the halls of the legal academy, it is inapposite for students in a program that, by definition, is not designed to turn them into lawyers.

In the masters program setting, accordingly, the primary purpose of reading a case involving contract law primarily is to learn the contract law—both in its abstract, black-letter sense (the rule) and in its applied-example sense (the immediate story of how the rule operates). The top-level goal is not to discern procedural nuances and the murky role of dicta, nor is it to construct the historical development of doctrines like consideration or promissory estoppel. Consequently, the students would seldom benefit from “hide the ball” type classroom engagements as those detract from the principal task of top-level legal literacy. Likewise, the study of statutes or regulations requires focus on navigating and discerning the meaning of rule texts, including integrated codes. It can rightfully exclude excessive focus on ambiguity, drafting errors, and legislative history. Hypotheticals directed toward teasing out absurd results of statutory canons may well be fun, but they are beside the point. A non-lawyer needs a working level of comfort with assimilating legal texts, the vast majority of which whose meaning is not in both serious and consequential question. The more complex—and frankly more rare—arguments over legal meaning can (and should) be brought to the lawyers.

[Continued in Part 3]

September 16, 2019 in Law Schools, Recent Scholarship, Teaching | Permalink

Friday, September 13, 2019

Teaching Contract Law (and More) to Legal Masters Students - Part 1: Principles of Masters Course Design

Masters Graduates

Adapted from Access to Law or Access to Lawyers? Masters Programs in the Public Educational Mission of Law Schools., 74 U. Miami L. Rev. __ (forthcoming 2019), available here or at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3420457.

Abstract:

The general decline in J.D. law school applicants and enrollment over the last decade has coincided with the rise of a new breed of law degree. Whether known as a master of jurisprudence, juris master, or master of legal studies, these graduate degrees all have a target audience in common: adult professionals who neither are nor seek to become practicing attorneys. Inside legal academia and among the practicing bar, these degrees have been accompanied by expressed concerns that they detract from the traditional core public mission of law schools—educating lawyers. This article argues that non-lawyer masters programs are not a distraction from the public mission of law schools, nor are they a necessary evil foisted upon legal education by economic trends. Rather, such degrees reflect a paradigm shift that law schools and attorneys should embrace rather than resist: a move away from law being largely accessed primarily through a licensed elite and toward a greater role for autonomy in public engagement with the legal system. The law school function of serving the public goes well beyond training future lawyers or even marshalling them in the advance of access to justice. The expanded legal education vision advocated here includes those functions, but as part of a more encompassing mission: ensuring access to law rather than simply access to lawyers. This article then sets forth foundational frameworks for such programs to succeed at their goals, both at the programmatic level and at the course-design level.

 

From the Article (footnotes omitted):

Like the article as a whole, this consideration of course design is informed by the author’s own experiences, victories, and defeats on the instructional battlefield. The examples here are principally drawn from two courses. The first of these is Contracts, a doctrinal staple of the J.D. curriculum that I have taught in in three forms: the fully-J.D. format, the mixed J.D.-and-masters format, and the masters-only format. The second course is one styled Legal Analysis and Writing for Clients, a masters-only course created as an adaptation of J.D. lawyering-skills and legal writing curriculum for the needs of working professionals. Both courses have played important roles in bringing me to the viewpoints expressed here regarding how masters students should be accounted for in course design as compared to their J.D. counterparts.

The specific topical coverage of any law course can be as varied as the doctrine and skills encompassed by law itself. For that reason, the focus of this section is on principles of masters course design rather than bright-line rules. Any attempt at stating hard-and-fast requirements for masters courses as compared to their J.D. counterparts is certain to face death by counterexample. Something will inevitably not fit within the rigid rules. For that reason, a principles-based approach is the preferable way to conceive of course design in this space, recognizing that aspiration must have the flexibility to give way to reality. General principles are critical, however, to answering the specific questions faced by law school masters programs. The following three principles, while hardly an exclusive list, state tendencies that will best align masters courses with their appropriate programmatic outcomes, which in turn will fulfil the expanded law school public mission advocated by this article:

(1) Focus legal text comprehension on structural legal literacy.

(2) Avoid premising problems and writing assignments on simulated law practice.

(3)  Prefer practical reality over theory.

The remainder of this section addresses each of these principles with a goal of illustrating how they might look in practice.

[Continued in Part 2]

 

September 13, 2019 in Law Schools, Recent Scholarship, Teaching | Permalink

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (September 13, 2019)

Top-10-wArrowUp

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 15 Jul 2019 - 13 Sep 2019
Rank Paper Downloads
1.

Shining a Light on Dark Patterns

University of Chicago and University of Chicago Law School
930
2.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
192
3.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
186
4.

Attention and the Law

University of Miami - School of Law
120
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
78
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
68
7.

Towards a Civil Rights Approach to Insurance Anti-Discrimination Law

University of Minnesota Law School
65
8.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
63
9.

A Sea Change in the Law of Contract Interpretation?

Victoria University of Wellington - Faculty of Law
56
10.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
50

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 15 Jul 2019 - 13 Sep 2019
Rank Paper Downloads
1.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
192
2.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
186
3.

Beach Money Exits

Benjamin N. Cardozo School of Law
104
4.

The Dark Side of Reputation

Northwestern University School of Law
85
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
78
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
68
7.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
63
8.

Court Review of the Decisions of the Australian Financial Complaints Authority and its Predecessors

Melbourne Law School - University of Melbourne and University of Melbourne - Law School
57
9.

The Singapore Convention: Mediation in a New York State of Mind

Kobe University - Graduate School of Law
50
10.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
50

September 13, 2019 in Recent Scholarship | Permalink

Friday, September 6, 2019

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (September 6, 2019)

Top10-Granite

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 08 Jul 2019 - 06 Sep 2019
Rank Paper Downloads
1.

Shining a Light on Dark Patterns

University of Chicago and University of Chicago Law School
897
2.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
181
3.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
140
4.

Attention and the Law

University of Miami - School of Law
111
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
75
6.

Towards a Civil Rights Approach to Insurance Anti-Discrimination Law

University of Minnesota Law School
64
7.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
64
8.

A Sea Change in the Law of Contract Interpretation?

Victoria University of Wellington - Faculty of Law
53
9.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
49
10.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
49

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 08 Jul 2019 - 06 Sep 2019
Rank Paper Downloads
1.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
181
2.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
140
3.

Beach Money Exits

Benjamin N. Cardozo School of Law
93
4.

The Dark Side of Reputation

Northwestern University School of Law
84
5.

The Ethos of Arbitration

King's College London
75
6.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
75
7.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
64
8.

Court Review of the Decisions of the Australian Financial Complaints Authority and its Predecessors

Melbourne Law School - University of Melbourne and University of Melbourne - Law School
55
9.

The Singapore Convention: Mediation in a New York State of Mind

Kobe University - Graduate School of Law
49
10.

Sleeping Giant Contracts

Duke University School of Law and New York University School of Law
49

September 6, 2019 in Recent Scholarship | Permalink

Friday, August 30, 2019

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 30, 2019)

Top-10 Scrolling

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 01 Jul 2019 - 30 Aug 2019
Rank Paper Downloads
1.

Shining a Light on Dark Patterns

University of Chicago and University of Chicago Law School
859
2.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
156
3.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
134
4.

Attention and the Law

University of Miami - School of Law
106
5.

'Abusive' Acts and Practices: Towards a Definition?

Georgetown University Law Center
74
6.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
66
7.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
64
8.

Towards a Civil Rights Approach to Insurance Anti-Discrimination Law

University of Minnesota Law School
62
9.

Art in the Age of Contractual Negotiation

University of Kentucky College of Law and University of Kentucky - College of Law
48
10.

A Sea Change in the Law of Contract Interpretation?

Victoria University of Wellington - Faculty of Law
47

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 01 Jul 2019 - 30 Aug 2019
Rank Paper Downloads
1.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
156
2.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
134
3.

Beach Money Exits

Benjamin N. Cardozo School of Law
85
4.

The Dark Side of Reputation

Northwestern University School of Law
84
5.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
66
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
64
7.

Court Review of the Decisions of the Australian Financial Complaints Authority and its Predecessors

Melbourne Law School - University of Melbourne and University of Melbourne - Law School
51
8.

Art in the Age of Contractual Negotiation

University of Kentucky College of Law and University of Kentucky - College of Law
48
9.

The Singapore Convention: Mediation in a New York State of Mind

Kobe University - Graduate School of Law
48
10.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
46

August 30, 2019 in Recent Scholarship | Permalink

Monday, August 19, 2019

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 19, 2019)

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TopTen Stamp-808x455

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Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 20 Jun 2019 - 19 Aug 2019
Rank Paper Downloads
1.

Shining a Light on Dark Patterns

University of Chicago and University of Chicago Law School
734
2.

Data Extra Commercium

Vrije Universiteit Brussel (VUB), Faculty of Law and University of Oxford, Law Faculty/St Edmund Hall
217
3.

Designing and Implementing a State Court ODR System: From Disappointment to Celebration

Mitchell | Hamline School of Law
189
4.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
147
5.

Online Dispute Resolution for Smart Contracts

University of Missouri School of Law and Modria
143
6.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
110
7.

Attention and the Law

University of Miami - School of Law
98
8.

Artificial Financial Intelligence

Texas A&M University School of Law
82
9.

'Abusive' Acts and Practices: Towards a Definition?

Georgetown University Law Center
73
10.

Deliberate Ignorance and the Law

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
65

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 20 Jun 2019 - 19 Aug 2019
Rank Paper Downloads
1.

Data Extra Commercium

Vrije Universiteit Brussel (VUB), Faculty of Law and University of Oxford, Law Faculty/St Edmund Hall
217
2.

Designing and Implementing a State Court ODR System: From Disappointment to Celebration

Mitchell | Hamline School of Law
189
3.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
147
4.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
110
5.

The Dark Side of Reputation

Northwestern University School of Law
82
6.

Loser Takes All: Multiple Claimants & Probabilistic Restitution

University of Toronto and Bar-Ilan University - Faculty of Law
60
7.

Choice Theory: A Restatement

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
49
8.

Court Review of the Decisions of the Australian Financial Complaints Authority and its Predecessors

Melbourne Law School - University of Melbourne and University of Melbourne - Law School
46
9.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
45
10.

Art in the Age of Contractual Negotiation

University of Kentucky College of Law and University of Kentucky - College of Law
43

August 19, 2019 in Recent Scholarship | Permalink

Friday, August 9, 2019

Return of the Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 9, 2019)

After a much too long hiatus, the Weekly Top Ten returns. Happy reading!

Top-Ten-List Box

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 10 Jun 2019 - 09 Aug 2019
Rank Paper Downloads
1.

Data Extra Commercium

Vrije Universiteit Brussel (VUB), Faculty of Law and University of Oxford, Law Faculty/St Edmund Hall
211
2.

Designing and Implementing a State Court ODR System: From Disappointment to Celebration

Mitchell | Hamline School of Law
182
3.

Online Dispute Resolution for Smart Contracts

University of Missouri School of Law and Modria
130
4.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
120
5.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
91
6.

Attention and the Law

University of Miami - School of Law
91
7.

Function and Form in Contract Law

Yale Law School and Yale Law School
79
8.

Artificial Financial Intelligence

Texas A&M University School of Law
76
9.

'Abusive' Acts and Practices: Towards a Definition?

Georgetown University Law Center
71
10.

Deliberate Ignorance and the Law

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem
59

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 10 Jun 2019 - 09 Aug 2019
Rank Paper Downloads
1.

Data Extra Commercium

Vrije Universiteit Brussel (VUB), Faculty of Law and University of Oxford, Law Faculty/St Edmund Hall
211
2.

Designing and Implementing a State Court ODR System: From Disappointment to Celebration

Mitchell | Hamline School of Law
182
3.

Mandatory Rules

Hebrew University of Jerusalem - Faculty of Law and Yale University - Yale Law School
120
4.

A Short History of the Choice-of-Law Clause

University of North Carolina School of Law
91
5.

The Dark Side of Reputation

Northwestern University School of Law
80
6.

Function and Form in Contract Law

Yale Law School and Yale Law School
79
7.

Contract, Treaty, and Sovereignty

Deakin University School of Law
53
8.

Law and the Cognitive Nature of Emotion: A Brief Introduction

Wake Forest University School of Law
43
9.

Before the High Court - Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

The University of Sydney Law School and University of New South Wales (UNSW), Faculty of Law, Students
43
10.

The Singapore Convention: Mediation in a New York State of Mind

Kobe University - Graduate School of Law
39

August 9, 2019 in Recent Scholarship | Permalink

Tuesday, December 18, 2018

The Periodic Table of Top Ten SSRN Contracts & Commercial Law Downloads (December 18, 2018)

Top-ten-gift-package

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 19 Oct 2018 - 18 Dec 2018

Rank Paper Downloads
1.

Regulating Blockchain: Techno-Social and Legal Challenges - An Introduction

Humboldt University of Berlin, University College London - Faculty of Laws, Hamad Bin Khalifa University and Princeton Society of Fellows
148
2.

The Value of Choice and the Justice of Contract

Tel Aviv University - Buchmann Faculty of Law
78
3.

Digitalisation of Payment Services

Universidad Carlos III de Madrid - Faculty of Social Sciences and Law
74
4.

The Story of the Dubai International Financial Centre Courts: A Retrospective

Indiana University Maurer School of Law
62
5.

Addressing Infringement: Developments in Content Regulation in the US and the DNS

University of Idaho
61
6.

Contract Governance in Small World Networks: The Case of the Maghribi Traders

University of Chicago - Law School
58
7.

Legal Boundaries of Blockchain Technologies: Smart Contracts as Self-Help?

Universität Marburg (Institut für Handels- und Wirtschaftsrecht)
57
8.

Substituted Performance in Contract Law: An Analysis

Independent
53
9.

The Middleman's Damages Revisited

Columbia Law School
52
10.

Arbitrators and the Interpretation of Contacts

University of Texas at Austin - School of Law
48

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 19 Oct 2018 - 18 Dec 2018

Rank Paper Downloads
1.

The Value of Choice and the Justice of Contract

Tel Aviv University - Buchmann Faculty of Law
78
2.

Transaction Costs of Blockchain Smart Contracts

SWPS University of Social Sciences and Humanities
63
3.

Addressing Infringement: Developments in Content Regulation in the US and the DNS

University of Idaho
61
4.

Contract Governance in Small World Networks: The Case of the Maghribi Traders

University of Chicago - Law School
58
5.

Legal Boundaries of Blockchain Technologies: Smart Contracts as Self-Help?

Universität Marburg (Institut für Handels- und Wirtschaftsrecht)
57
6.

Substituted Performance in Contract Law: An Analysis

Independent
53
7.

The Middleman's Damages Revisited

Columbia Law
52
8.

Arbitrators and the Interpretation of Contacts

University of Texas at Austin - School of Law
48
9.

Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes

University of Adelaide - School of Law
38
10.

Comments on the (Indian) Arbitration & Conciliation (Amendment) Bill, 2018

Independent
38

December 18, 2018 in Recent Scholarship | Permalink

Wednesday, November 21, 2018

The (Sporadically) Weekly Top Ten SSRN Contracts & Commercial Law Downloads (November 21, 2018)

Top-Ten-List Box

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 22 Sep 2018 - 21 Nov 2018

Rank Paper Downloads
1.

Sovereign Debt Restructuring and U.S. Executive Power (Reestructuración de Deuda Soberana y el Poder Ejecutivo Norteamericano)

Cleary Gottlieb Steen & Hamilton LLP - New York Office and Duke University School of Law
587
2.

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

George Mason University - Antonin Scalia Law School, Faculty, Government of the United States of America - Federal Trade Commission, Freshfields Bruckhaus Deringer LLP and University of Pennsylvania Law School
461
3.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
188
4.

Big Data is Not Big Oil: The Role of Analogy in the Law of New Technologies

Florida State University - College of Law
110
5.

Regulating Blockchain: Techno-Social and Legal Challenges - An Introduction

Humboldt University of Berlin, University College London - Faculty of Laws, Hamad Bin Khalifa University and Princeton Society of Fellows
102
6.

The Structure of Remedial Law

McGill University - Faculty of Law
93
7.

The Arbitration-Litigation Paradox

Temple University Beasley School of Law
80
8.

The Value of Choice and the Justice of Contract

Tel Aviv University - Buchmann Faculty of Law
68
9.

Here Lions Roam: CISG As the Measure of a Claim’s Value and Validity and a Debtor’s Dischargeability

Troutman Sanders LLP
66
10.

Art 6:102: Implied Terms

McGill University - Faculty of Law
59

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 22 Sep 2018 - 21 Nov 2018

Rank Paper Downloads
1.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
188
2.

Fusion and Theories of Equity in Common Law Systems

University of Cambridge - St. Catharine's College
108
3.

The Arbitration-Litigation Paradox

Temple University Beasley School of Law
80
4.

The Value of Choice and the Justice of Contract

Tel Aviv University - Buchmann Faculty of Law
68
5.

Art 6:102: Implied Terms

McGill University - Faculty of Law
59
6.

Addressing Infringement: Developments in Content Regulation in the US and the DNS

University of Idaho
56
7.

The Modernization of European Consumer Law: A Pig in a Poke?

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
51
8.

Substituted Performance in Contract Law: An Analysis

Independent
49
9.

Transaction Costs of Blockchain Smart Contracts

SWPS University of Social Sciences and Humanities
47
10.

Revisiting Unconscionability: Reciprocity and Justice

Campbell University - Norman Adrian Wiggins School of Law
41

 

November 21, 2018 in Recent Scholarship | Permalink

Saturday, November 10, 2018

The (Quasi) Weekly Top Ten SSRN Contracts & Commercial Law Downloads (November 10, 2018)

Top-ten-greenTop Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 11 Sep 2018 - 10 Nov 2018

Rank Paper Downloads
1.

Sovereign Debt Restructuring and U.S. Executive Power (Reestructuración de Deuda Soberana y el Poder Ejecutivo Norteamericano)

Cleary Gottlieb Steen & Hamilton LLP - New York Office and Duke University School of Law
579
2.

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

George Mason University - Antonin Scalia Law School, Faculty, Government of the United States of America - Federal Trade Commission, Freshfields Bruckhaus Deringer LLP and University of Pennsylvania Law School
444
3.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
246
4.

The Private Law Critique of International Investment Law

Brooklyn Law School
227
5.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
181
6.

Reputation Failure: Market Discipline and Its Limits

University of Alabama - School of Law
105
7.

Noncompetes as Tax Evasion

Wake Forest University - School of Law
92
8.

Big Data Is Not Big Oil: On Analogical Reasoning, New Technologies, and Law

Florida State University - College of Law
89
9.

The Structure of Remedial Law

McGill University - Faculty of Law
82
10.

The Enduring Distinction Between Business Entities and Security Interests

Duke University School of Law and Wake Forest University School of Law
79

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 11 Sep 2018 - 10 Nov 2018

Rank Paper Downloads
1.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
246
2.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
181
3.

Reputation Failure: Market Discipline and Its Limits

University of Alabama - School of Law
105
4.

Fusion and Theories of Equity in Common Law Systems

University of Cambridge - St. Catharine's College
78
5.

The Arbitration-Litigation Paradox

Temple University Beasley School of Law
75
6.

The Value of Choice and the Justice of Contract

Tel Aviv University - Buchmann Faculty of Law
57
7.

How Did We End Up in a World Where Browsewraps are Enforced Even When They Waive All Consumer Rights?

Brigham Young University - J. Reuben Clark Law School
54
8.

Addressing Infringement: Developments in Content Regulation in the US and the DNS

University of Idaho
50
9.

Introduction to the Research Handbook on Fiduciary Law

Brigham Young University - J. Reuben Clark Law School and Brooklyn Law School
38
10.

Transaction Costs of Blockchain Smart Contracts

SWPS University of Social Sciences and Humanities
38

November 10, 2018 in Recent Scholarship | Permalink

Friday, October 19, 2018

The (Not Quite) Weekly Top Ten SSRN Contracts & Commercial Law Downloads (October 19, 2018)

Top-10 Block Letters

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 20 Aug 2018 - 19 Oct 2018

Rank Paper Downloads
1.

Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society

University of Idaho, Indiana University Maurer School of Law, University of Illinois College of Law and University of California - Irvine School of Law
3,240
2.

Sovereign Debt Restructuring and U.S. Executive Power (Reestructuración de Deuda Soberana y el Poder Ejecutivo Norteamericano)

Cleary Gottlieb Steen & Hamilton LLP - New York Office and Duke University School of Law
551
3.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
388
4.

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

George Mason University - Antonin Scalia Law School, Faculty, Government of the United States of America - Federal Trade Commission, Freshfields Bruckhaus Deringer LLP and University of Pennsylvania Law School
386
5.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
284
6.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
234
7.

The Private Law Critique of International Investment Law

Brooklyn Law School
185
8.

Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans

Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
148
9.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
148
10.

The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

The University of Western Australia Law School and Clayton Utz
117

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 20 Aug 2018 - 19 Oct 2018

Rank Paper Downloads
1.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
388
2.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
284
3.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
234
4.

'Surrounding Circumstances' in Contractual Interpretation: Where are we Now?

The University of Sydney Law School
148
5.

Arbitration Nation: Data from Four Providers

University of California, Davis - School of Law and University of California, Davis - School of Law
124
6.

Implementation Negotiation: A Transactional Skill that Builds on and Transforms Classic Negotiation Theory

Independent
119
7.

The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

The University of Western Australia Law School and Clayton Utz
117
8.

Split Derivatives: Inside the World's Most Misunderstood Contract

University of Oxford, Faculty of Law
106
9.

Transactional Skills Education: Mandated by the ABA Standards

Independent
105
10.

Reputation Failure: Market Discipline and Its Limits

University of Alabama - School of Law
70

 

October 19, 2018 in Recent Scholarship | Permalink

Tuesday, October 2, 2018

The (Somewhat) Weekly Top Ten SSRN Contracts & Commercial Law Downloads (October 2, 2018)

Top10-Granite

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 03 Aug 2018 - 02 Oct 2018

Rank Paper Downloads
1.

Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society

University of Idaho, Indiana University Maurer School of Law, University of Illinois College of Law and University of California - Irvine School of Law
3,099
2.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
364
3.

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

George Mason University - Antonin Scalia Law School, Faculty, Government of the United States of America - Federal Trade Commission, Freshfields Bruckhaus Deringer LLP and University of Pennsylvania Law School
319
4.

Will the Sharing Economy Increase Inequality?

University of Tennessee College of Law
238
5.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
237
6.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
195
7.

Bankruptcy Claims Trading

University of California, Hastings
174
8.

The Private Law Critique of International Investment Law

Brooklyn Law School
165
9.

Blockchain Bills of Lading

National University of Singapore (NUS) - Centre for Maritime Law
150
10.

Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans

Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
125
 
 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 03 Aug 2018 - 02 Oct 2018
Rank Paper Downloads
1.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
364
2.

Will the Sharing Economy Increase Inequality?

University of Tennessee College of Law
238
3.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
237
4.

The New Law of Penalties: Mapping the Terrain

The University of Sydney Law School
195
5.

The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

The University of Western Australia Law School and Clayton Utz
114
6.

Arbitration Nation: Data from Four Providers

University of California, Davis - School of Law and University of California, Davis - School of Law
109
7.

The Chilling Effect of Governance-by-Data on Data Markets

University of Haifa - Faculty of Law and University of Haifa - Faculty of Law
91
8.

Split Derivatives: Inside the World's Most Misunderstood Contract

University of Oxford, Faculty of Law
91
9.

Foundationalism About Contract Law: A Sceptical View

University College London - Faculty of Laws and University College London - Faculty of Laws
64
10.

Transactional Skills Education: Mandated by the ABA Standards

Independent
60
 

October 2, 2018 in Recent Scholarship | Permalink

Thursday, September 20, 2018

(Ostensibly) Weekly Top Ten SSRN Contracts & Commercial Law Downloads (September 20, 2018)

Top-10-wArrowUp

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 22 Jul 2018 - 20 Sep 2018

Rank Paper Downloads
1.

Coin-Operated Capitalism

University of Pennsylvania, School of Engineering & Applied Science, University of Pennsylvania Law School, University of Pennsylvania Law School - Student/Alumni/Adjunct and University of Pennsylvania - Center for Technology, Innovation & Competition
4,565
2.

Graying of U.S. Bankruptcy: Fallout from Life in a Risk Society

University of Idaho, Indiana University Maurer School of Law, University of Illinois College of Law and University of California - Irvine School of Law
3,033
3.

Online Contracts (2018)

Santa Clara University - School of Law
434
4.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
328
5.

Will the Sharing Economy Increase Inequality?

University of Tennessee College of Law
217
6.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
191
7.

Bankruptcy Claims Trading

University of California, Hastings
148
8.

Blockchain Bills of Lading

National University of Singapore (NUS) - Centre for Maritime Law
129
9.

New Frontiers in Private Fiduciary Law

Notre Dame Law School
126
10.

Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans

Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
115

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 22 Jul 2018 - 20 Sep 2018

Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
434
2.

The SAFE, the KISS, and the Note: A Survey of Startup Seed Financing Contracts

University of North Carolina School of Law and Thomson Reuters Practical Law
328
3.

Will the Sharing Economy Increase Inequality?

University of Tennessee College of Law
217
4.

Demystifying Technology. Do Smart Contracts Require a New Legal Framework? Regulatory Fragmentation, Self-Regulation, Public Regulation.

New York University School of Law
191
5.

The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

The University of Western Australia Law School and Clayton Utz
100
6.

Arbitration Nation: Data from Four Providers

University of California, Davis - School of Law and University of California, Davis - School of Law
96
7.

Purposive Contractual Interpretation

The University of Melbourne - Law School
92
8.

The Chilling Effect of Governance-by-Data on Data Markets

University of Haifa - Faculty of Law and University of Haifa - Faculty of Law
66
9.

Split Derivatives: Inside the World's Most Misunderstood Contract

University of Oxford, Faculty of Law
64
10.

Foundationalism About Contract Law: A Sceptical View

University College London - Faculty of Laws and University College London - Faculty of Laws
60

September 20, 2018 in Recent Scholarship | Permalink

Tuesday, September 4, 2018

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (September 4, 2018)

Top-10 Glass

 

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018
 
Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Cash America and the Structure of Bondholder Remedies

Duke University School of Law and New York University School of Law
153
5.

Not-So-Smart Blockchain Contracts and Artificial Responsibility

Brooklyn Law School
131
6.

Behavioral Law and Economics - Introduction

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
131
7.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
8.

New Frontiers in Private Fiduciary Law

Notre Dame Law School
109
9.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
10.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
95

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018
 
Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
5.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
6.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
95
7.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
83
8.

Purposive Contractual Interpretation

The University of Melbourne - Law School
75
9.

Why the Equity of Redemption?

Harvard Law School
69
10.

Breach of Contract: A Plea for Clarity and Discipline

University of Cambridge - Faculty of Law
66

September 4, 2018 in Recent Scholarship | Permalink

Friday, August 24, 2018

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 24, 2018)

Top-ten-books

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018
Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Cash America and the Structure of Bondholder Remedies

Duke University School of Law and New York University School of Law
153
5.

Not-So-Smart Blockchain Contracts and Artificial Responsibility

Brooklyn Law School
131
6.

Behavioral Law and Economics - Introduction

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
131
7.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
8.

New Frontiers in Private Fiduciary Law

Notre Dame Law School
109
9.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
10.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
95

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018
Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
5.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
6.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
95
7.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
83
8.

Purposive Contractual Interpretation

The University of Melbourne - Law School
75
9.

Why the Equity of Redemption?

Harvard Law School
69
10.

Breach of Contract: A Plea for Clarity and Discipline

University of Cambridge - Faculty of Law
66

August 24, 2018 in Recent Scholarship | Permalink

Monday, August 13, 2018

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 13, 2018)

Top-10-handwritten

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018

Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Cash America and the Structure of Bondholder Remedies

Duke University School of Law and New York University School of Law
153
5.

Not-So-Smart Blockchain Contracts and Artificial Responsibility

Brooklyn Law School
131
6.

Behavioral Law and Economics - Introduction

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
131
7.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
8.

New Frontiers in Private Fiduciary Law

Notre Dame Law School
109
9.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
10.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 09 Jun 2018 - 08 Aug 2018
Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
371
2.

Data Pollution

University of Chicago Law School
250
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
200
4.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
120
5.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
6.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
95
7.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
83
8.

Purposive Contractual Interpretation

The University of Melbourne - Law School
75
9.

Why the Equity of Redemption?

Harvard Law School
69
10.

Breach of Contract: A Plea for Clarity and Discipline

University of Cambridge - Faculty of Law
66

 

August 13, 2018 in Recent Scholarship | Permalink

Friday, August 3, 2018

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (August 3, 2018)

Top10-Granite

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 04 Jun 2018 - 03 Aug 2018

Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
351
2.

Data Pollution

University of Chicago Law School
245
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
186
4.

Cash America and the Structure of Bondholder Remedies

Duke University School of Law and New York University School of Law
148
5.

Not-So-Smart Blockchain Contracts and Artificial Responsibility

Brooklyn Law School
123
6.

Behavioral Law and Economics - Introduction

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
120
7.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
113
8.

New Frontiers in Private Fiduciary Law

Notre Dame Law School
106
9.

Equity as Supplemental Law

Notre Dame Law School
104
10.

Granular Legal Norms: Big Data and the Personalization of Private Law

University of Osnabrück - European Legal Studies Institute and University of Ferrara - Faculty of Law
101

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 04 Jun 2018 - 03 Aug 2018

Rank Paper Downloads
1.

Online Contracts (2018)

Santa Clara University - School of Law
351
2.

Data Pollution

University of Chicago Law School
245
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
186
4.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
113
5.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
98
6.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
92
7.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
82
8.

Purposive Contractual Interpretation

The University of Melbourne - Law School
69
9.

Why the Equity of Redemption?

Harvard Law School
68
10.

Breach of Contract: A Plea for Clarity and Discipline

University of Cambridge - Faculty of Law
64

 

August 3, 2018 in Recent Scholarship | Permalink

Saturday, July 21, 2018

Weekly Top Ten SSRN Contracts & Commercial Law Downloads (July 21, 2018)

Top Ten Logo 2

Top Downloads For:

Contracts & Commercial Law eJournal

Recent Top Papers (60 days)

As of: 22 May 2018 - 21 Jul 2018
Rank Paper Downloads
1.

Data Pollution

University of Chicago Law School
218
2.

Legal Engineering on the Blockchain: 'Smart Contracts' as Legal Conduct

Swinburne University of Technology - Swinburne Law School and University of Melbourne, Law School
195
3.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
166
4.

Not-So-Smart Blockchain Contracts and Artificial Responsibility

Brooklyn Law School
110
5.

Equity as Supplemental Law

Notre Dame Law School
101
6.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
100
7.

Behavioral Law and Economics - Introduction

Hebrew University of Jerusalem - Faculty of Law and Hebrew University of Jerusalem - Faculty of Law
96
8.

Granular Legal Norms: Big Data and the Personalization of Private Law

University of Osnabrück - European Legal Studies Institute and University of Ferrara - Faculty of Law
92
9.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
90
10.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
79

 

Top Downloads For:

Law & Society: Private Law - Contracts eJournal

Recent Top Papers (60 days)

As of: 22 May 2018 - 21 Jul 2018
Rank Paper Downloads
1.

Data Pollution

University of Chicago Law School
218
2.

The Persistence of 'Dumb' Contracts

Suffolk University Law School
166
3.

Force Majeure and Excuses in Smart Contracts

Tilburg Law School
100
4.

The Evolution of Good Faith in Western Contract Law

Yeshiva University, Benjamin N. Cardozo School of Law, Students
91
5.

Personalizing Mandatory Rules in Contract Law

University of Chicago Law School and Tel Aviv University
90
6.

The Impact of the French Doctrine of Significant Imbalance on International Business Transactions

HEC Paris - Tax & Law, Université Côte d'Azur and HEC Paris
79
7.

Freedom, Choice, and Contracts

Tel Aviv University - Buchmann Faculty of Law and Columbia University - Columbia Law School
79
8.

Contract Law and the Common Good

University of Minnesota Law School
73
9.

Breach of Contract and Damages for Non-Pecuniary Loss

Tilburg University - Private Law Department
62
10.

Why the Equity of Redemption?

Harvard Law School
59

July 21, 2018 in Recent Scholarship | Permalink