Civil Procedure
Zuckerman v. Metropolitan Museum of Art
Second Circuit Holds that the Holocaust Expropriated Art Recovery Act of 2016 Does Not Preclude Application of Laches Defenses to Nazi-Looted Art Recovery Claims.
Contract Law
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Private Law
Pseudo-Contract and Shared Meaning Analysis
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Private Law
Heimer v. Companion Life Insurance Co.
Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.
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Contract Law
DirecTV, Inc. v. Imburgia
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Education
North Carolina Ass’n of Educators, Inc. v. State
Repeal of Tenure Violates Tenured Teachers' Constitutionally Protected Contractual Rights.
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Sexuality
Nonbinding Bondage
Exploring the (extra)legal complexity of BDSM contracts
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Harvard Law Review Forum
Of Priors and Disconnects
Intellectual preconceptions can distort intended takeaways
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Contract Law
Consent and Sensibility
Do consumers truly “consent” to contractual boilerplate?
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Contract Law
Introduction: Pragmatism and Private Law
Like many legal concepts, “private law” has recognizable referents yet eludes precise definition. Private law defines the rights and duties of individuals and private entities as they relate to one…
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Contract Law
U.S. Bank National Ass’n v. Ibanez
Massachusetts Supreme Judicial Court Unanimously Voids Foreclosure Sales Because Securitization Trusts Could Not Demonstrate Clear Chains of Title to Mortgages.