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Guest post today from Sid DeLong, ruminating on the logic of the infamous “If by Whiskey” speech. He illustrates our doctrine of blackmail by using the If by Whiskey technique and notes its rhetorical bias. lawprofessors.typepad.com/contractspro...

submitted 22 hours ago • 0 comments

We’ve had about two juicy mistake cases a year since 2021, and they just keep coming. The latest is the story of Harvard’s accidental acquisition of one of seven surviving copies of the 1300 Magna Carta. lawprofessors.typepad.com/contractspro...

submitted 2 days ago • 0 comments

Today, some thoughts on the Superusers scandal at the Bureau of Labor Statistics and its relation to the duty to disclose information in connection with the contracts doctrine of mistake. lawprofessors.typepad.com/contractspro...

submitted 3 days ago • 0 comments

New Top Tens are up. Apparently, people are too busy grading to post on SSRN, which means there has been little movement, and you still have time to read the chart-topping hits lawprofessors.typepad.com/contractspro...

submitted 3 days ago • 0 comments

If you are up against a deadline and need to get a brief filed, you should: a. Use ChatGPT to do your research for you because it no longer hallucinates. b. Not do that. Sorry folks, the answer is still b, as some California attorneys learned. lawprofessors.typepad.com/contractspro...

submitted 4 days ago • 0 comments

Today we have the pleasure of introducing our readers to a new Substack on topics related to private law. It’s Geeta Tewari’s “Defining Money,” which aims to break down basic concepts of business and finance. lawprofessors.typepad.com/contractspro...

submitted 5 days ago • 0 comments

Friday Frivolity: Future futures trader attempts to corner the market in lollipops, but the highly leveraged transaction blows up when his lender (known as Mom) called in the loan (because her account was overdrawn). Ah, Liam, you little rapscallion! lawprofessors.typepad.com/contractspro...

submitted 8 days ago • 0 comments

DOGE taketh away, New York Times identifies “zombie contracts,” DOGE correcteth but taketh away some more. This is a developing and yet somehow unchanging story. lawprofessors.typepad.com/contractspro...

submitted 8 days ago • 0 comments

Today’s post summarizes the findings of ProPublica and Tennessee Lookout reporting on a very aggressive pay-day lender that has won $200 million in judgments by filing 100,000 suits against Tennessee borrowers since 2015. If only there were an agency . . . lawprofessors.typepad.com/contractspro...

submitted 10 days ago • 0 comments

The new Top Tens are out, but there’s not much movement. The most exciting move is that Xavier Gabaix’s “Theory of Complexity Aversion” has moved up to #2, but I probably won’t read it because I fear it’s too complicated. lawprofessors.typepad.com/contractspro...

submitted 10 days ago • 0 comments

A business interruption insurance claim by Baylor’s College of Medicine went the way of almost all such claims, but only because the court felt compelled by precedent to ignore some damn good expert testimony. lawprofessors.typepad.com/contractspro...

submitted 11 days ago • 0 comments

Last year, Wells Fargo fired wealth managers whom it alleged were using mouse jigglers. Is mouse usage really the best metric for measuring the productivity of wealth managers? Or a law professor? Or a counselor? Some thoughts from Oklahoma. lawprofessors.typepad.com/contractspro...

submitted 12 days ago • 0 comments

Today’s Friday frivolity feature an AI-generated story about a contract between a hedge-fund manager and a sheep. Well, okay, a sheep farmer. lawprofessors.typepad.com/contractspro...

submitted 15 days ago • 0 comments

The 4h Circuit sends veterans claims against Citibank to arbitration because the 1940 Servicemembers Relief Act, which provides for class claims, does not expressly override the Federal Arbitration Act. Military Lending Act claims may survive. lawprofessors.typepad.com/contractspro...

submitted 16 days ago • 0 comments

The Chicago Cubs are UNDEFEATED!!! At least in court. At least in suits relating to rooftop seating venues At least with respect to one defendant who has now lost twice. Let’s play two! lawprofessors.typepad.com/contractspro...

submitted 17 days ago • 0 comments

New Top 10s are out. We’ve got two Hanoch Dagan pieces on freedom of contract, @mateuszgr.bsky.social on consumer vulnerability, @marklemley.bsky.social on our post-consent world and @hoffprof.bsky.social on consumers’ unrealistic textual expectations. lawprofessors.typepad.com/contractspro...

submitted 17 days ago • 0 comments

College athletics have been in transition for some time now. Evidence is mounting that the NIL compromise will not be the long-term solution. Consider the Iamaleava brothers . . . lawprofessors.typepad.com/contractspro...

submitted 18 days ago • 0 comments

Faced with a tough issue of Delaware law, the Seventh Circuit wisely certifies the question to the DE Supremes. The issue is whether forfeiture for competition provisions should be reviewed for reasonableness, like non-competes. lawprofessors.typepad.com/contractspro...

submitted 19 days ago • 0 comments

With an assist from @lawdorknews.bsky.social, I have updated my post from Wednesday about challenges to Russel Vought’s attempt to dismiss up to 90% of the CFPB’s employees. D.C. Circuit upholds the District Court’s stay on the action. lawprofessors.typepad.com/contractspro...

submitted 21 days ago • 0 comments

Still catching up on the Money Stuff Podcast. The hosts’ rumination on nice markets v. fun markets and clean sports v. dope sports triggers today’s Friday Frivolity about Lance Armstrong and the Scylla/Charybdis or evading detection and catastrophe lawprofessors.typepad.com/contractspro...

submitted 22 days ago • 0 comments

It was a competitive field this year, but the new Cardozo Cup winner has been selected. The winning entry is a machine that corrects you if, when asked if you should listen to Judge Cardozo, give the wrong answer. lawprofessors.typepad.com/contractspro...

submitted 22 days ago • 0 comments

What better way to celebrate May Day than with an account of the NTEU’s victory, enjoining the Administration from terminating collective bargaining rights for 2/3 of the federal work force? The order came out on Friday, the opinion on Monday. lawprofessors.typepad.com/contractspro...

submitted 22 days ago • 0 comments

OCU Law Student J Badillo (below, left) has completed his one-year reign as the winner of the Cardozo Cup Competition for the best original work of art commemorating the jurisprudence of Benjamin Cardozo. He bore the title with honor. lawprofessors.typepad.com/contractspro...

submitted 24 days ago • 0 comments

The Consumer Financial Protection Bureau has survived the first 100 days of the new Administration’s term with the help of Judge Amy Berman Jackson, who sees the latest RIF as an attempt to prevent the CFPB from performing its statutorily-mandated functions lawprofessors.typepad.com/contractspro...

submitted 24 days ago • 0 comments

The Top Tens are back!!! But @andreatosato.bsky.social and @chrisodinet.bsky.social have left the building. It’s a whole new cast of characters, and none of it is about crypto! lawprofessors.typepad.com/contractspro...

submitted 24 days ago • 0 comments

In today’s Reefer Brief, a lesson in what happens if you don’t get crop insurance. Insurer covered physical damage to marijuana cultivator from a fire, but not the 1000 lost plants. lawprofessors.typepad.com/contractspro...

submitted 24 days ago • 0 comments

Perhaps I am the last to discover the Money Stuff podcast with @matt-levine.bsky.social and @kgreifeld.bsky.social, but discover it I have, and it will inform many future posts. This one is about the first episode, DXYZ, and MNGO lawprofessors.typepad.com/contractspro...

submitted 26 days ago • 0 comments

Today’s post reviews Douglas Hodgkin’s account of his family's litigious history, made famous by Brackenbury v. Hodgkin, in which a court ordered a cantankerous mother to continue living with her daughter and son-in-law. lawprofessors.typepad.com/contractspro...

submitted 29 days ago • 0 comments

Today’s post builds on @danamattioli.bsky.social's reporting for @wsj.com with a focus on the role of non-disclosure agreements in Elon Musk’s version of the dating game, which is designed to have his offspring reach “legion levels." lawprofessors.typepad.com/contractspro...

submitted 30 days ago • 0 comments

Easy win for the CFPB over a man who ran a scammy credit-repair business. But nothing is easy these days for the administrative state. Given Jarkesy, is defendant entitled to a jury trial after the CFPB won a default judgment against his business entity? lawprofessors.typepad.com/contractspro...

submitted 31 days ago • 0 comments

We have a guest post today from Gregory Crespi on what is lost when the first-year Contracts course contracts from six credits to four. ContractsProfs will engage in massive resistance, holding semi-mandatory “review” sessions outside of class hours. lawprofessors.typepad.com/contractspro...

submitted 32 days ago • 0 comments

Thanks to my student Brady Robison who alerted me to a suit brought by influencers against Honey, an extension that PayPal bought for $4 billion so that it can better track you and data mine you. They allege that it also steals commissions from them. lawprofessors.typepad.com/contractspro...

submitted 33 days ago • 0 comments

The Chicago Cubs enjoyed a pre-season win. It was in a court rather than on the field, but it’s the Cubs, so we’ll take the W. They are tangling with one of the owners of a rooftop-seating business. All others renewed the licensing agreement. lawprofessors.typepad.com/contractspro...

submitted 35 days ago • 0 comments

Quick update on Flo Rida’s $82 million judgment against Celsius. The trial court erred as to the date on which the stock price was to be calculated, so the Rap artist will get a bit of a haircut, his first in a while, one suspects. lawprofessors.typepad.com/contractspro...

submitted 37 days ago • 0 comments

Foley & Lardner withdrew an offer from a woman based on her pro-Palestinian activities at Georgetown and in Chicago. She alleged promissory estoppel based on assurances that the firm would allow her to be “her authentic self” as a Muslim Arab woman. lawprofessors.typepad.com/contractspro...

submitted 38 days ago • 0 comments

For some reason, there is a line of cases about the duty of good faith under UCC § 2-305 involving the prices gas stations pay their suppliers. Today we report on a new that explains the good faith safe harbor nicely. lawprofessors.typepad.com/contractspro...

submitted 38 days ago • 0 comments

Byron Allen’s claims against McDonald’s for discrimination against Black-owned networks in its placement of advertising can proceed, just barely alleging a claim and just barely overcoming McDonald’s attempts to justify its ad strategies. lawprofessors.typepad.com/contractspro...

submitted 40 days ago • 0 comments

Will there ever be a great movie about breach of contract that also gives viewers a real sense of what contracts litigation is all about? Perhaps. The Burial is a diverting movie, but it is hard for a contracts prof to watch. lawprofessors.typepad.com/contractspro...

submitted 43 days ago • 1 comment

NY’s Court of Appeals sends a claim subject to a default judgment to arbitration because, although Uber failed to answer the complaint, it did update its terms of service and provided that its arbitration clause applies to pending claims. lawprofessors.typepad.com/contractspro...

submitted 44 days ago • 0 comments