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...
Tuesday Tips: New & Noteworthy on SSRN

Tuesday Tips: New & Noteworthy on SSRN

S. R. BlanchardContracting for EquityAbstractModern contract theory often treats equity as a defect of contract doctrine because it supposedly undermines party intent. Discretionary, ex post scrutiny of contracts is said to frustrate ex-ante planning and reduce...