I’ve been thinking a lot about international agreements and contracts these days. I’ve been writing about the Landor case, in which the U.S. Supreme Court found that guards at a Louisiana prison could not be held accountable under the Religious
Merger Agreement Anomalies: A Case Study in Incomplete Contracts
Abstract
This article uses the ABA’s Private Target Mergers and Acquisitions Deal Points Study to interrogate a puzzle that I initially took for evidence of bad lawyering: the
One score and sixteen years ago, Ian Frazier wrote a Shouts and Murmurs column for The New Yorker imagining Wile E. Coyote suing the Acme Corporation for injuries suffered using its products. Someone purchased the film rights, and now, after
We reported two years ago about Clemson University’s challenge to the $140 million exit fee that the Atlantic Coast Conference wanted to charge for Clemson to jump ship to a different conference. The parties settled that dispute, and so we
Thirteen years ago, the Supreme Court compelled arbitration in American Express Co. v. Italian Colors Restaurants, a case in which a small restaurant sought to bring an antitrust class action suit. We covered the case here and in a
Contract Boilerplate and Constitutional Public Policy
Abstract
The modern economy is awash in standard form contracts filled with “boilerplate” terms that are drafted by repeat players and routinely accepted by consumers, employees, and businesses without reading or
I mentioned in Friday’s post that today’s post is indebted to the Divided Argument Podcast. I try to follow the U.S. Supreme Court (SCOTUS) pretty closely, but sometimes if the topic is criminal law, I don’t pay much attention,
I’m going to have a post on Monday inspired by one of my favorite podcasts on (mostly) constitutional law. These are podcasts that follow the U.S. Supreme Court (SCOTUS) and most of the time, they focus on constitutional cases. But
In Calise v. Meta Platforms, Inc., plaintiffs allege that Facebook violated its own Terms of Service (ToS). In relevant part, Facebook’s ToS represent that it will take appropriate action to protect its community. Plaintiffs have tales of woe, ranging
This is a nice, short case, and it provides a tidy review on the California test for consent to an electronic contract. Juan Plata brought a putative class action against Lands’ End, Inc. (Lands’ End) alleging various violations of California’s
