“ Erik Baylis loves the bar and restaurant life. He started as an hourly employee working in a bar and now owns Big Onion Hospitality, a Chicago company with seven local restaurants and bars and one in Nashville. It’s thrilling to create your own business, Baylis says, and it’s satisfying Read more…
“ “In their thoughtful and provocative article, Pseudo-Contract and Shared Meaning Analysis,1×1. 132 HARV. L. REV. 1135 (2019). Professors Robin Bradley Kar and Margaret Jane Radin argue that contract — that is, the presumptively enforceable agreement of the parties — should be limited to the “shared meaning” of the parties, and that the boilerplate surrounding that Read more…
The Lost History of the “Universal” Injunction The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by members of Congress, a Supreme Court Justice, the Solicitor General, the Attorney General, and the President. Critics of these Read more…
The recent paradigm slip into pseudo-contract raises a complex blend of linguistic, factual, conceptual, practical, normative, and doctrinal problems. Under the mantle of “contract,” the problems of pseudo-contract have remained largely hidden. In this Article we expose these problems and develop a more nuanced and coherent method of analysis — Read more…
We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles– and often fails– to keep up. An examples of this tension between digital transformation and legal doctrine is the means by which people execute written agreements. Click the link to read more…..
You may not realize it but you are signing legal agreements all the time. Think of all those “terms and conditions” boxes you tick when you buy new software or travel insurance. How many times have you tried to read these and not really understood that they were saying? If Read more…
The Lynyrd Skynyrd case abounds with classic rock lore, and that’s why it’s been in the news. But the case should also attract the attention of law nerds. Even though it’s a U.S. federal case and it relies on U.S. legal authorities, it touches on some classic common law contract Read more…