Mark Weidemaier is Assistant Professor of Law at the University of North Carolina at Chapel Hill. His research focuses on how contracts evolve in response to changes in the law and the behavior of intermediaries. Current projects, for example, use archival research to uncover the origins of terms used in international financial contracts and explore how these contracts evolved in tandem with public international law. Other work focuses on contractual mechanisms for resolving disputes – such as arbitration regimes – and explores how these are shaped by litigants, lawyers, and arbitrators. For example, his scholarship has explored how arbitrators use, and at times create, precedent and the ways that institutional arbitration rules shape arbitration contracts.
Articles
Sovereign Immunity and Sovereign Debt, The University of Illinois Law Review (2014)
The law of foreign sovereign immunity changed dramatically over the course of the 20th century....
Sovereign Debt After NML v. Argentina, Capital Markets Law Journal (2013)
The conventional wisdom is that sovereigns repay their debts not because they fear litigation but...
A People's History of Collective Action Clauses (with Mitu Gulati) (2012)
For two decades, collective action clauses (CACs) have been part of the official-sector response to...
How Markets Work: The Lawyer's Version (with Mitu Gulati), Studies in Law, Politics, and Society (2012)
In this article, we combine two sources of data to shed light on the nature...
Judging Lite: How Arbitrators Use and Create Precedent, North Carolina Law Review (2012)
Common wisdom has it that arbitrators neither follow nor make precedent, with potentially dire consequences....