Contract Law

Recent Case: Calderon v. SIXT Rent a Car, LLC

October 24, 2021

Almost one hundred years after the Federal Arbitration Act (FAA)’s enactment, a long-overlooked limit in its text is attracting the attention of federal judges. The FAA commands courts to enforce arbitration clauses in private contracts and empowers them to do so by staying judicial proceedings and ordering arbitration when a litigant shows that her opponent…

Revealing Secrecy Tools

March 11, 2019

Warning my students to put their politics aside, I circulated the “Stormy Daniels” non-disclosure agreement (NDA) for the first day of my 1L Contracts course. It served well as an introduction to many of the course’s topics. Like a child’s drawing of a misshapen, non-functional house, the NDA gave the appearance of a contract while…

Contracting for Procedure Redux

November 30, 2017

Legal scholars often are criticized for devoting hundreds of pages to theorizing about mountains that turn out to be molehills when examined in the light of data drawn from practice. Scholarship at the intersection of contracts and civil procedure, to which we have contributed, has been accused of falling into that trap. Six years ago,…