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Contract Drafting

939 published works

  1. ContractsProf Blog

    Book Review: Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contracts Law

    By ContractsProf Blog

    Carolina Academic Press has just released the fourth edition of the above title by Professor Scott J. Burnham. I got a chance to review it and, although I have not…

  2. ContractsProf Blog

    Scholarship Spotlight: “The Arbitration Bootstrap” (Christopher R. Leslie, UC-Irvine)

    By Mark Burge

    The federal law of arbitration has become an increasingly prominent intruder into the state law of contracts over the last few decades, largely because of the Supreme Court's interpretive morphing…

  3. CALIFORNIA ATTORNEY'S FEES

    Fee Clause Interpretation, Prevailing Party, Section 1717: Another Reversal Of Fortune—Rehearing Granted Where Prevailing Plaintiff Now Gets Return Of $4.2 Million Fee Recovery

    By Marc Alexander

    Earlier, The Fee Recovery Went POOF!, But Restored After A Rehearing. President Grant at his cottage by the sea. c1872. Library of Congress. We have posted before in our February…

  4. Ship Law Log

    Contractual amendments – “only in writing and signed by the parties”

    By Sally-Ann Underhill

    We often see contracts containing wording along the lines of: "This Agreement may not be amended, except by the mutual written agreement of the Parties." The recent decision of the…

  5. New Jersey Law Blog

    Say What You Mean – 3 Easy Steps to Avoid Ambiguous Agreements

    By Stark & Stark

    Have you ever read a confusing contract and scratched your head? Whether it is a lease, operating agreement, or other contract, it is imperative to understand what you want. It…

  6. Legal Writing Prof Blog

    An Empirical Look at the Prescriptivist vs. Descriptivist Dilemma in Drafting

    By Legal Writing Prof

    In an interesting post for those of us who teach contract drafting, Golden Pen Awardee and legal writing expert Ross Guberman explores the prescriptivist versus descriptivist dilemma facing the contract drafting community.…

  7. GovCon & Trade

    “Standard” Flow-downs No More?

    By Todd Overman, Sylvia Yi

    Contractors may be familiar with receiving a long list of flow-down provisions from their prime contractor that don't seem to apply to them or are burdensome to comply with. This…

  8. Ahead of Schedule

    Expect the Best, Prepare for the Worst – Drafting Construction or Design Contracts

    By Karl Oles

    When embarking on a new design or construction contract, all parties hope the road will be smooth and that any bumps can be handled by agreement. However, real disputes do…

  9. ContractsProf Blog

    KCON Highlights III: Virtual Currencies & Emerging Payment Systems; Contract Drafting

    By Mark Burge

    Video recordings of most of the proceedings at KCON XI are available courtesy of our friends at St. Mary's University School of Law, and we are pleased to highlight and…

  10. LawSites

    Is This the Proof of Concept for Artificial Intelligence in Law?

    By Robert Ambrogi

    The jury is still out on the role to be played by artificial intelligence in law. As a recent New York Times article observed about IBM's attempts to commercialize its…