Contortionist David Mitchell, pictured with crossed arms and legs behind his head. He is wearing a frog mask.
It’s Tuesday, which means it is time for some Tips — new scholarship on contracts and commercial law from SSRN. This week we feature work on “Contorts,” “Finite Ventures” and “LLMs as Products"
www.contractsprofblog.com/2026/03/tues...
10.03.2026 11:20 —
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Pennsylvania: The Cutting Edge of Arbitration Law
Back in 2023, the Superior Court of Pennsylvania, sitting en banc, refused to enforce Uber’s terms of service, finding that Uber’s terms of service were
The right to a civil jury still matters in Pennsylvania: Superior Court again refuses to enforce terms of service that do not put consumers on adequate notice that, by agreeing to arbitration, they are waiving a constitutional right to trial by jury
www.contractsprofblog.com/2026/03/penn...
09.03.2026 12:16 —
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Waiver of Arbitration: A Complex Case
Lackie Drug Store (Lackie) brought a putative class action against several pharmacy benefit managers (PBMs), including OptumRx (Optum). Two years into the
Complicated case about whether a defendant has waived its right to compel arbitration. The plaintiff amended the complaint, but defendant had already engaged in discovery and moved to dismiss. 8th Circuit splits the baby and the case.
www.contractsprofblog.com/2026/03/waiv...
06.03.2026 12:29 —
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I always complain to my wife when people at our gym don’t use headphones. A few weeks ago, I was watching Curb Your Enthusiasm while on the elliptical machine. I didn’t notice that my bluetooth headphones weren’t connected. The theme of the episode was fellatio. 🫣
05.03.2026 15:13 —
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Anthropic CEO Dario Amodei
Over a decade ago, Nancy Kim and I warned of the dangers of giving private corporations access to our data. Today, Anthropic's CEO recognizes those dangers but they have multiplied with the power of AI, which is a danguer until itself.
www.contractsprofblog.com/2026/03/anth...
05.03.2026 14:54 —
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Professor Robert Scott
Here are the of the last video tributes for this year’s KCON Lifetime Achievement Award Honoree Bob Scott. Interviewees are Mitu Gulati, Stephen Choi & Alan Schwartz. Video editing by Dan Barnhzier
www.contractsprofblog.com/2026/03/trib...
04.03.2026 14:30 —
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Noam Kolt
Today’s Tuesday Tips include new scholarship from Noam Kolt, Paul B. Miller, @mateuszgr.bsky.social, Adam Levitin, @brettfrischmann.bsky.social & Sarah Rajtmajer, Anna Gelpern, and Michelle Cumyn
www.contractsprofblog.com/2026/03/tues...
03.03.2026 12:25 —
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Professor Robert Scott
Continuing our series of posts honoring Professor Robert Scott, the honoree for Lifetime Achievement Award at the 18th Int’l Conference on Contracts (KCON XVIII), we share tributes from Dean George Triantis (Stanford) and Professor Jody Kraus (Columbia)
www.contractsprofblog.com/2026/03/trib...
02.03.2026 12:34 —
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Friday Frivolity: Frank Snyder, Channeling Bob Dylan, on Hadley v. Baxandale
From Blog Founder, KCON Founder, and Inaugural Recipient of the KCON Distinguished Service Award
Today’s Friday Frivolity is an occasion to recognize the contributions of Blog founder and KCON founder Frank Snyder by sharing his Hadley v. Baxandale song. Bob Dylan got the Nobel, but Frank has the Distinguished Service Award!
www.contractsprofblog.com/2026/02/frid...
27.02.2026 12:35 —
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Professor Robert Scott
Earlier this month, at the 18th International Conference on Contracts (KCON XVIII), we honored Professor Robert Scott with the Lifetime Achievement Award. You can watch his keynote address here.
www.contractsprofblog.com/2026/02/kcon...
26.02.2026 14:50 —
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Seal of the U.S. District Court for the Southern District of New York
Interesting little damages case out of the SDNY, including a discussion of when a parent can be liable on its subsidiary’s contracts and pleading breach of contract and tortious interference in the alternative.
www.contractsprofblog.com/2026/02/case...
25.02.2026 13:10 —
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Tuesday Tips for the Week of February 23, 2026
Ulrich Bindseil & Mitu Gulati Ulrick Bindseil Mitu Gulati Foreign Bonds, Territorial Change and Repudiation: The Silesian Bonds Saga Abstract Once a
It’s Tuesday, which means its time for some Top Tips about new scholarship in contracts and commercial law. Ulrich Bindseil (below) and Mitu Gulati lead the pack today with an article about the Silesian Bonds Saga.
www.contractsprofblog.com/2026/02/tues...
24.02.2026 12:36 —
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We can now confirm that not every KCON excursion around a lake ends in shipwreck. Kudos to Rachel Arnow-Richman and her guests for circumnavigation without incident! Next year we’ll try Lake Erie, as we’ll be at Case Western!
www.contractsprofblog.com/2026/02/kcon...
23.02.2026 16:01 —
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KCON Has Begun
Thanks to Interim Dean Merritt McAlister And to the host and organizer of KCON XVIII, Professor Rachel Arnow-Richman For welcoming us to Gainesville and
The 18th International Conference on Contracts (KCON) has begun at the University of Florida’s Levin College of Law. Thanks to our hosts, Interim Dean Merritt McAlister and conference organizer, Professor Rachel Arnow-Richman
www.contractsprofblog.com/2026/02/kcon...
20.02.2026 15:20 —
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Friday Frivolity: Southwest Airlines, You Realize This Means War
You Forgot That One of the Loyal Customers You Are Satirizing Has a Blog!
Southwest Airlines bought a Super Bowl ad so that it could portray its old customers as savages. This savage couldn’t help but notice that one of its new customers was assigned a middle seat. PSYCH!
www.contractsprofblog.com/2026/02/frid...
20.02.2026 12:20 —
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Teaching Assistants: Choi, Gulati, and Scott on Contract Hazards
A New Book from Oxford University Press
Today’s Teaching Assistants feature is a short review of a new book from Stephen Choi (below), Mitu Gulati, and Bob Scott on Contracts Hazards — it explains the origins and persistence of “landmines” in complex transactions. Fascinating stuff!
www.contractsprofblog.com/2026/02/teac...
18.02.2026 12:23 —
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Top Tips for the Week of February 16
SSRN seems to have upgraded its security. Now how are bots going to download my scholarship? It will be interesting to see if the bots had favorite
Three new publications on SSRN are featured on today’s Top Tips post, including Steven Schwarcz (below) on financial disclosures, a piece on virtual property and a comparative law piece on COVID and force majeure
www.contractsprofblog.com/2026/02/top-...
17.02.2026 13:03 —
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Tenure-Track and/or VAP Positions Teaching Contracts and Commercial Law
South Texas College of Law Houston
South Texas College of Law is looking to hire for both tenure-track and Visiting Assistant Professor positions in contracts and commercial law.
www.contractsprofblog.com/2026/02/tenu...
16.02.2026 12:35 —
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John Leonard, who sued PepsiCo for a Harrier Jump Jet, now settles for flying Frontier
Just as my favorite part of the Super Bowl did not involve football, my favorite Super Bowl ad was just a Super Bowl “season” ad, because Frontier Air still didn’t want to fly too close to the sun.
www.contractsprofblog.com/2026/02/frid...
13.02.2026 13:05 —
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So ICE officers in “The State of New England” were not masked. And yet, there are no reports of Antifa or whoever is supposed to be the analog to Mexican cartels sending them DVDs. . . .
12.02.2026 17:05 —
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An arbitration, after the manner of Edward Gorey, image by DALL-E
We have had a string of cases involving Urban Air amusement parks seeking to compel arbitration in claims brought by peopel injured Urban Air parks. This time, it’s a father who slipped and fell in a restroom.
www.contractsprofblog.com/2026/02/urba...
12.02.2026 12:24 —
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Frank Snyder, Texas A&M College of Law
Robert Scott, Columbia Law School
The 18th (Usually) Annual International Conference on Contracts will convene next week at the University of Florida’s Levin College of Law. We will be honoring Frank Snyder and Robert Scott.
www.contractsprofblog.com/2026/02/kcon...
11.02.2026 12:22 —
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Carla Reyes
Andrea Tosato
Andrew Hinkes
I’m still struggling with formatting, but we have four Top Tips for your reading pleasure this week. The leading download is from Carla Reyes, @andreatosato.bsky.social, and Andrew Hinkes (below)
www.contractsprofblog.com/2026/02/tues...
10.02.2026 12:20 —
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Lucy, Lady Duff-Gordon, wearing. a stylish hat and holding a small dog.
A contract dispute about patent renewal services turns on interpretation issues, and it has me ruminating on teaching interpretation in the first-year contracts course.
www.contractsprofblog.com/2026/02/cont...
09.02.2026 12:21 —
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Here’s the ONLY thing you need to know if you are indifferent to those two teams.
08.02.2026 14:44 —
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No thanks. It would be great to have you in Congress representing a conservative district, but that progressive district needs to be represented by an actual progressive.
06.02.2026 15:35 —
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Friday Frivolity: Trump v. JPMorgan Chase Bank
Usually, we call our Friday feature “Frivolity” because it is about something light or orthogonal to contracts law. Today, we are posting about a
JPMorgan Chase is now facing a $5 billion lawsuit for “debanking” a person who was the subject of two federal criminal investigations, two state prosecutions, and civil suits targeting him, his businesses, and his charity.
www.contractsprofblog.com/2026/02/frid...
06.02.2026 12:31 —
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