Contracts

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From Lord Coke to Internet Privacy: The Past, Present, and Future of the Law of Internet Contracting (with William L. Reynolds), Maryland Law Review (2013)

Contract law is applied countless times every day, in every manner of transaction large or...

 

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What’s Software Got to Do with it? The ALI Principles of the Law of Software Contracts (with William L. Reynolds), Tulane Law Review (2010)

In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of...

 

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Electronic Contracting Cases 2009-2010 (with William L. Reynolds), Business Lawyer (2010)

This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting...

 

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Electronic Contracting Cases 2008-2009 (with William L. Reynolds), Business Lawyer (2009)
 

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Survey of the Law of Cyberspace: Electronic Contracting Cases 2007-2008 (with William L. Reynolds), Business Lawyer (2008)

In this survey, we discuss electronic contracting cases decided between July 1, 2007 and June...

 

Commercial Law

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The New Territorialism in the Not-So-New Frontier of Cyberspace (with William L. Reynolds), Cornell Law Review - Forthcoming (2014)

This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems...

 

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Mortgage Modification, Equitable Subordination, and the Honest but Unfortunate Creditor, Fordham Law Review (2011)

Mortgage foreclosures are at an all-time high and property values in many parts of the...

 

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Warranting Data Security, Brooklyn Journal of Corporate, Financial & Commercial Law (2010)

Massive data security breaches have grabbed headlines in the past few years. The data thieves...

 
Why Foreclosure Robo-signers Should Be Everyone's Concern, News Journal (Wilmington DE) (2010)
 

Bankruptcy

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Goals and Governance in Municipal Bankruptcy, Washington and Lee Law Review (2014)

The years from 2011 to 2013 were remarkable in municipal bankruptcy terms. During those years,...

 

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When Does Some Federal Interest Require a Different Result?: An Essay on the Use and Misuse of Butner V. United States, University of Illinois Law Review (2014)

Thousands of judges and scholars have relied on the statement in the 1979 Supreme Court...

 

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(Mis)use of State Law in Bankruptcy: The Hanging Paragraph Story, Wisconsin Law Review (2012)

This article addresses the use of state law in bankruptcy in the context of the...

 

Property Law

Hernando de Soto, Formal Property Systems, and the Intangible Asset Paradox, Hernando de Soto and Property in a Market Economy (2010)
 

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What Virtual Worlds Can do for Property Law, Florida Law Review (2010)

This is an article about how disputes over virtual world items, such as virtual money,...

 

Internet Law

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The New Territorialism in the Not-So-New Frontier of Cyberspace (with William L. Reynolds), Cornell Law Review - Forthcoming (2014)

This Essay addresses the following questions: What jurisdictions should govern cyberspace problems? Are cyberspace problems...