Professor Jack Graves teaches Contracts, Business Organizations, Arbitration, and International Sales Law & Arbitration (including an associated skills practicum). He brings to the study of commercial and business law a unique blend of international business and legal practice experience, along with his academic perspective. Before attending law school, Professor Graves spent 15 years in business management, last serving as the President of Lowe Alpine Systems, an international manufacturer and distributor of active outdoor sports equipment and apparel. He then earned his law degree from the University of Colorado in 1994, Order of the Coif. During law school, he served as an Articles Editor for the Law Review and as a Teaching Fellow in Contracts. Following law school, Professor Graves clerked for the Honorable David M. Ebel on the United States Court of Appeals for the Tenth Circuit. After his clerkship, Professor Graves joined the firm of Chrisman, Bynum & Johnson, P.C. (later becoming the Boulder, Colorado office of Faegre & Benson LLP) and ultimately became a member of the firm. He spent 6 years practicing civil litigation, trials, and appeals, with an emphasis on commercial and corporate litigation. He practiced before Colorado state and federal courts, as well as the Delaware Court of Chancery. Professor Graves began his full-time teaching career as a Visitor at the University of Colorado School of Law during the 2001-02 academic year. He was selected by the University of Colorado law school student body as "Outstanding Visiting Professor" in recognition of "Excellence in Teaching.” Professor Graves then spent three years as a member of the faculty at Stetson University College of Law, where he taught Contracts, as well as a variety of courses in domestic and international commercial law and dispute resolution. He spent the 2005-06 academic year as a fall Visitor at the University of Syracuse and a spring Visitor at Franklin Pierce Law Center. Today, his teaching and scholarship at Touro Law Center focus on commercial law and dispute resolution—both domestic and international. He has also recently taught an introductory course on the UCC, as comparative law, to a class of Australian law students at the Victoria University, Melbourne, School of Law. In collaboration with a group of colleagues from the University of Pittsburgh and the University of Zagreb, Professor Graves founded and continues to serve as Director of the Institute of International Commercial Law & Dispute Resolution. Each summer, the Institute holds a program in Zagreb and Zadar, Croatia, hosting over 30 students from around the globe and fully accredited by both the American Bar Association and the European Credit Transfer System. Professor Graves developed the overall program curriculum and teaches a part of it each summer. He also spends significant time collaborating with students and faculty from the U.S. and abroad in relation to the Willem C. Vis International Commercial Arbitration Moot, an international moot involving law student teams from over 250 law schools and over 60 countries. Professor Graves has coached teams from Stetson (1st place in team orals – 2005), Franklin Pierce (honorable mention in team orals – 2006), and Touro (2nd place in team orals – 2008; round of 16 in team orals – 2009; honorable mention in team orals – 2011). When not teaching, writing, or thinking about law, Jack is an avid outdoor enthusiast, including climbing, skiing, cycling, kayaking, and running.
Commercial Law
Penalty Clauses and the CISG, forthcoming in Vol. 30 of The Journal of Law & Commerce (Univ. of Pittsburgh 2012). (2012)
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are...
CISG Article 6 and Issues of Formation: The Problem of Circularity, Belgrade Law Review (2011)
CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate...
Course of Performance as Evidence of Intent or Waiver: A Meaningful Preference for the Latter and Implications for Newly Broadened Use Under Revised U.C.C. Section 1-303, Drake L. Rev. (2004)
Arbitration
Court Litigation over Arbitration Agreements: Is it Time for a New Default Rule?, forthcoming in The American Review of International Arbitration, Volume 23 (2012)
Court litigation over the existence or validity of arbitration agreements is a major threat to...
Arbitration as Contract: The Need for a Fully Developed and Comprehensive Set of Statutory Default Legal Rules, William & Mary Business Law Review (2011)
This article addresses an increasingly important topic in today’s commercial world—the United States Federal Arbitration...