New and Noteworthy from SSRN

New and Noteworthy from SSRN

Tomer Stein Epistemology at the MarketplaceAbstractPeople acquire knowledge from others, but the epistemic impact of the laws governing marketplace transactions is not directly studied. This Article groups together contract, agency, partnership, and corporate law as...
Tuesday Tips: New and Noteworthy on SSRN

Tuesday Tips: New and Noteworthy on SSRN

Neil DuxburyThe General Law Renaissance and the Common LawAbstractOf late, there has emerged an important body of legal scholarship sympathetically reassessing the concept of “general law” – unwritten legal norms discoverable by courts. This article...
Tuesday Tips: New and Noteworthy from SSRN

Tuesday Tips: New and Noteworthy from SSRN

Dov A. WaismanForeseeability and Reasonableness in Promissory Estoppel AbstractThe law of promissory estoppel contains a little-noticed puzzle relating to the way in which the justifiability of the plaintiff’s reliance is determined in American courts. Many...
Tuesday Tips: New and Notable from SSRN

Tuesday Tips: New and Notable from SSRN

Stephen M. BainbridgeMerger Agreement Anomalies: A Case Study in Incomplete ContractsAbstract 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...
Tuesday Tips: New & Noteworthy from SSRN

Tuesday Tips: New & Noteworthy from SSRN

Russell B. KorobkinContract Boilerplate and Constitutional Public PolicyAbstract 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...