Category Archives: Contract
‘Clarity is king when waiving your rights’
The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights. The key is to ensure the contractual wording is sufficiently clear – and the more valuable the right, the clearer the wording must be … (more) [A&O Shearman, 12 January 2026]
Dagan, Gergen and Heller, ‘Liberal Consumer Contract Law’
ABSTRACT The point of consumer contract law is to ensure most of life remains legally boring. This law succeeds when we can enjoy a cup of coffee or secure a mortgage without focusing on any of the contracting tasks. By protecting our time and attention, the law turns both mundane and constitutive consumer transactions into […]
‘Let’s Focus on Property Managers Rather than the Form of Ownership’
Anika Singh Lemar, ‘Slum Managers’, 57 Connecticut Law Review 1207 (2025). In her recent essay, ‘Slum Managers’, Professor Anika Singh Lemar interrogates the distinction between ownership and management of rental housing. Numerous legal commentators and legislators have focused on the harms associated with large commercial entities purchasing rental housing, and some have even proposed prohibiting […]
Gold and Singleton, ‘Proportional Possession’
ABSTRACT American eviction proceedings are governed by a fusion of property and contract law. The law’s narrow understanding of eviction ignores the importance of a dwelling place to its occupants. Property is not merely land or a structure on that land; it is a home with the power to shape communities, social relationships, and human […]
Gregory Duhl, ‘Teaching Contracts: My Journey with Spellbook and AI Pedagogy’
ABSTRACT I am integrating Spellbook, an AI tool for contract drafting and review, into my first-year law school Contracts course in Spring 2026. Although Spellbook is highly effective, its educational value hinges on the pedagogical framework structured around it, a framework typically not licensed along with AI tools. In-house instructional design expertise can provide this […]
Thomas Margoni, ‘Music Metadata Governance: A Legal Perspective’
ABSTRACT The governance of music (meta)data, meaning the rules and institutions governing (meta)data access and transferability within the music sector, constitutes a significant yet under-explored facet of the music data lifecycle. This chapter delves into the legal framework applicable to music (meta)data, with a particular emphasis on European data law. The analysis reveals that three […]
Lee and Yerramilli, ‘Specific Performance, Deal Tightness, and Merger Dynamics’
ABSTRACT Merger agreements are carefully crafted to balance the target’s desire for certainty of closing versus the bidder’s desire to maintain flexibility in the event of unexpected changes. Taking a holistic view of merger agreements, we construct a deal tightness index (DTI) which measures how tightly the agreement binds the bidder to complete the transaction. […]
Shervin Mohammad Zamani, ‘The Future of Smart Contracts in Resolving International Commercial Disputes: A Comparative Analysis within the Framework of International Arbitration’
ABSTRACT This paper examines the intersection of smart contracts and international commercial arbitration, assessing whether established arbitral frameworks – principally the ICC and ICSID – are equipped to resolve disputes arising from code-based agreements. Drawing on doctrinal analysis, institutional reports, and comparative study of selected jurisdictions (the United States, the United Kingdom, France, Germany, with […]
Brian Bix, ‘Relational Justice and Family Agreements’
ABSTRACT Premarital agreements have always been controversial, and the change to much greater enforceability has not much changed their reception. Many of the criticisms premarital agreements evoke seem connected to the concerns Hanoch Dagan and Avihay Dorfman raise in their book, Relational Justice. That book’s emphasis on our obligation of relational justice to those with […]
Houba and Motchenkova, ‘Personalized pricing and consumer privacy’
ABSTRACT Advances in data collection enable firms to use consumer information for personalized pricing. In Clavorà Braulin’s (2023) symmetric two-dimensional model, this reduces prices and profits, while partial privacy yields the highest profits. Extending the model to asymmetric firms and vertically differentiated products, we show that these results are not robust under sizable asymmetries. Partial […]