Wondering what you missed on the Blog this year? Here’s our list of the top ten posts of the year, supplemented by some honorable mentions. Plus, a reminder to submit abstracts for KCON XVIII at the University of Florida in February. www.contractsprofblog.com/2025/12/frid...

This holiday season, many U.S. nationals are probably thinking about visiting Portugal. Or Costa Rica. Or New Zealand. But if you are interested in legal philosophy, how about a conference in Queensland, Australia? www.contractsprofblog.com/2025/12/call...

News from the legal profession: 1Ls are getting “jumbo” offers, entailing a $25,000 bonus for working at the same law firm for two summers in a row before they start their $225,000/year jobs. Bluesky is big mad about it. This too shall pass. www.contractsprofblog.com/2025/12/bigl...

We’ve entered the Samizdat phase of American history.

The Blog today features a guest post by Gregory Duhl on a contracts course re-conceived to ready students for the AI-assisted research and writing that the current legal environment demands. Recommended read! www.contractsprofblog.com/2025/12/gues...

Time for some Friday Frivolity: Two quirky stories from the world of employment law. A Spanish employee fired for coming in early; a Florida employee fired for not showing up for her first day of work because the employer sent the wrong start date www.contractsprofblog.com/2025/12/frid...

In today’s post, a rant about the AI bubble that seems like a response to the Bah Humbug address but was actually composed before it, and news on Disney’s investment in OpenAI www.contractsprofblog.com/2025/12/disn...

New(ish) from @hoffprof.bsky.social — now college athletics programs are trying to use liquidated damages clauses to prevent athletes from transferring. Adjudicatory bodies should see these as penalty clauses. www.contractsprofblog.com/2025/12/dave...

The new Top Tens are out. Well, Top Nines actually, which means that this is your chance to break into the big time! www.contractsprofblog.com/2025/12/tues...

No fair! I scored 19/20 because (I think) I was already an adult when "mixed tapes” became a cultural phenomenon.

A new piece by @heidikitrosser.bsky.social and @gowder.io explains why Northwestern University’s agreement with the federal government is illegal and unenforceable. www.contractsprofblog.com/2025/12/new-...

The University of Western Australia is seeking to fill a position in private law. www.contractsprofblog.com/2025/12/new-...

Today’s Friday Frivolity is another edition of Fun with Offers to Enter into a Unilateral Contract! This time it is Columbia Sportswear’s offer to give everything “The Company” owns to “Flat Earthers” if they can show the edge of the earth. www.contractsprofblog.com/2025/12/frid...

The Public Account Committee is looking into whether there were any improprieties involving the peppercorn lease of the Royal Lodge to the Andrew formerly known as Prince. He was dis-Lodged without compensation for quitting early. www.contractsprofblog.com/2025/12/cont...

We’ve tried extrajudicial killings (a/k/a murder), we’ve violated sovereignty by closing off air space, we’ve tried piracy. What will be the next step for this administration in its attempts to provoke Venezuela into a war?

Interesting case at the intersection of contracts, corporate law, education, and religion. SMU tries to free itself of control by the Methodist Conference. Texas Supreme Court allows the Conference to sue to enforce prior University Charter. www.contractsprofblog.com/2025/12/unit...

A widow’s claims against Uber are sent to arbitration so that the arbiter can decide whether her agreement to Uber’s Terms of Service apply to claims relating to her husband’s use of Uber. Anybody the rate at which arbiters decline jurisdiction? www.contractsprofblog.com/2025/12/arbi...

LSU might spend $60 million on a fired coach and athletic director plus $90 million or more to bring in a new guy. Is there any evidence that this is money well spent? Here’s the blog post you’ve been waiting for @tammigaw.bsky.social! www.contractsprofblog.com/2025/12/anot...

We live in a lovely, quiet, but leafy neighborhood. Leafblowers are by far the largest source noise pollution, and they are a daily disturbance. I rake my own leaves. It’s great exercise when it’s too cold to bicycle.

Auto parts, requirements contracts, and the statute of frauds oh my! But today’s post asks why go to the statute of frauds when contracts that are not requirements contracts are unenforceable without a quantity term, even if they are in writing? www.contractsprofblog.com/2025/12/cour...

It is the end of the semester, and I am getting testy with the judicial opinions I summarize on the blog. Today’s post touches on expressio unius but the court refused to apply the canon, saving the US Postal Service from a suit with a contractual partner. www.contractsprofblog.com/2025/12/tent...

In April we posted about Entertainment Studio Networks race-discrimination-in-advertising suit against McDonald’s. Back then, the court denied both sides summary judgment. Now, they’ve settled. Nothing to see here, says McDonald’s. www.contractsprofblog.com/2025/12/upda...

Story from @ronlieber.bsky.social of @nytimes.com on how JP Morgan may have to pay legal fees for the principals of Frank, a company it bought in a transaction induced by fraud. The legal fees include some items seemingly unrelated to legal research. www.contractsprofblog.com/2025/12/how-...

Kristen Bell participated in the production of an audiobook version of the Bible in 2020. Now the audiobook is being repurposed as a Fox News podcast version of the Bible. Welcome to the world of licensing agreements. www.contractsprofblog.com/2025/12/a-fo...

The annual conference of the Association of American Law Schools is coming up in New Orleans in January, and the AALS Section on Contracts is hosting a panel on unconscionability. Come join us! www.contractsprofblog.com/2025/11/aals...

Bluesky types probably love Condé Nast publications like The New Yorker and Vanity Fair, but Condé Nast itself is engaged in some ugly anti-union actions that might spoil your Bon Appétit. www.contractsprofblog.com/2025/11/cond...

Proctor & Gamble mistakenly notified people who had filled out a survey in the hopes of getting a year’s supply of toilet paper that they had won. It corrected its mistake 8 hours later. They sued. What would Svetlana say? www.contractsprofblog.com/2025/11/dist...

Somebody needs to be removed from the FBI, and it isn’t David Maltinsky, who alleges that he was fired after 16 years at the agency for having displayed in his work space a pride flag given to him by the agency to recognize his work on diversity initiatives. www.contractsprofblog.com/2025/11/fbi-...

Google provides its analytic services to healthcare providers, so they have to send it information. Were they sending Google too much information, violating HIPAA. The District Court allows claims relating to pre-2023 conduct to proceed. www.contractsprofblog.com/2025/11/clas...

Given today’s congressional resolution denouncing socialism in all its forms and the warm reception accorded Zoran Mamdani in the Oval Office, I expect that Speaker Johnson will be drafting Articles of Impeachment today.

Today’s post is a re-post of Carliss Chatman’s list of events at the AALS conference in New Orleans in January, 2026 from the AALS Section on Race and Private Law. It’s a new section but it is ACTIVE! www.contractsprofblog.com/2025/11/aals...

Among the things that should shock us but doesn’t anymore is that this poor man has to grade 122 college essays and then do it again for the 47 students who cheated by using AI to write the papers. Makes me grateful that I failed as a historian and was forced to become a law prof.

The man who led that largest Black religious broadcasting network was a white guy named Kevin Adell, until 100 Black Ministers led a boycott of the network due to Adell’s alleged racial insensitivity. Now, there’s a lawsuit, and it’s a page-turner. www.contractsprofblog.com/2025/11/a-pe...

It’s not often that I get worked up about an ethics complaint, but this Colorado case violates the autonomy principles underlying freedom of contract and robs clients of the lawyer of their choice. www.contractsprofblog.com/2025/11/non-...

Lots of familiar names on the new Top Tens, but Robert Stevens on Crypto as Property and @bryantws.bsky.social on Self-Driving Cars tops the lists. www.contractsprofblog.com/2025/11/tues...

Today’s post covers a case that is mostly about torts, but it is crucially about the duty to read. At least in N. Carolina, you can escape being charged with contributory negligence for failing to read if your counterparty’s conduct put you “off your guard" www.contractsprofblog.com/2025/11/sign...

Similar to a post from last week but much more complicated. Original defendants claim that they did not know about the arbitration agreement until they received it in discovery; new defendants claim that they are, well, new to the litigation. www.contractsprofblog.com/2025/11/neit...

#Caturday. My daughter and my grandpawter. So proud!

Plaintiffs share information about an opportunity with business students for a class project. They now allege students improperly shared the information with a competitor, which tortiously interfered. Surprised this kind of thing doesn’t happen more often. www.contractsprofblog.com/2025/11/did-...

Today’s post is an ICYMI and update on some reporting from the @moneystuff.bsky.social podcast. Two topics: Investment firms seeking to profit off the government’s obligations to reimburse those who paid tariffs and Novo Nordisk’s attempt to acquire Metsera www.contractsprofblog.com/2025/11/a-co...

Space Coast Credit Union came to the 11th Circuit asking if this is the right place for an argument. “I’ve told you once,” said the Court. “If you block arbitration, you have to litigate.” “No you haven’t.” “I just did.” And so it went. www.contractsprofblog.com/2025/11/elev...

The new Top Tens are out. No movement at the top. www.contractsprofblog.com/2025/11/tues...

Texas Supreme Court reverses judgment for natural gas transporter. Trial court erred by reading words into the contract and by awarding speculative damages. Yeesh. www.contractsprofblog.com/2025/11/texa...

Hey Bluesky friends! I too am mad at the Neville Chamberlains on the Democratic side of the Senate. But please don’t lose sight of the fact that, forced to choose between health care and food, they chose food. The GOP still chooses neither.

I started teaching this case because I thought the question of acceptance by emoji would amuse my students. But it’s quite a lovely review of the objective theory of formation, as well as the Statute of Fraud’s writing requirement. www.contractsprofblog.com/2025/11/an-a...

Today on the blog: another story of AI-assisted research becoming AI-assisted Rule 11 sanctions. This time, it happened in Oklahoma. www.contractsprofblog.com/2025/11/ai-l...

When is a mall “open?” American Dream Mall tried to argue that it was not open until it reached 100% occupancy, but the court didn’t buy it. Plus, if a mall is open, can it be open on Sundays in violation of blue laws? www.contractsprofblog.com/2025/11/when...

The UCC’s Battle of the Forms is messy. Life is messier. The UCC assumes we can figure out which form is the offer and which is the acceptance, but it’s not always so easy, as the Sixth Circuit finds. www.contractsprofblog.com/2025/11/the-...

New Top Tens are out. Robert Stevens leads the way asking, Should Crypto Be Property? www.contractsprofblog.com/2025/11/tues...