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.