Contract Law - Harvard Law Review

Article III Recent Case

Excluded Lenders v. Serta Simmons Bedding, L.L.C.

Vol. 139 No. 2 December 2025 Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in...

Copyright Notes

Dancing on Their Own: Alternatives to Copyright for the Choreographic Community

Vol. 138 No. 5 March 2025 Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as...

Civil Rights Notes

Without Remedies: The Effect of Cummings and the Contract-Law Analogy on Antidiscrimination Spending Clause Plaintiffs

Vol. 138 No. 5 March 2025 It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity...

Antitrust Blog Essay

History Absolves the FTC: A Defense of the Rule on Non-Competes and Functional Non-Competes

January 5, 2025 The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based...

Contract Law Articles

Contract-Wrapped Property

Vol. 137 No. 4 February 2024 Abstract For nearly two centuries, the law has allowed servitudes that “run with” real property while with few exceptions refusing to permit servitudes attached...

Danielle D’Onfro

Contract Law Recent Case

Uber Technologies Inc. v. Heller

Supreme Court of Canada Targets Standard Form Contracts.

Vol. 134 No. 7 May 2021

Contract Law Recent Case

Williams v. Medley Opportunity Fund II, LP

Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.

Vol. 134 No. 7 May 2021

Contract Law Recent Case

Doe v. University of the Sciences

Third Circuit Holds Pennsylvania Law Guarantees a “Real, Live, and Adversarial Hearing.

Vol. 134 No. 7 May 2021

Civil Procedure Recent Case

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.

Vol. 133 No. 6 April 2020

Contract Law Blog Essay

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...

Mark Fenster