📃 New from me on SSRN: What do investors think of arbitration clauses with class waivers? Some scholars argue that requiring individual arbitration creates efficiencies that get partially passed through to consumers. But the magnitude and incidence of those cost savings are largely unstudied. 🧵/6

M&A transactions record the parties' goals and risk allocations... and the boilerplate of past contracts. In a new post I examine 25 years of deals for evidence of the adoption of new deal technologies, and their stickiness in the face of change. profhoffman.substack.com/p/hunting-fo...

Wasteful Bot-on-Bot disputes about customer service look inevitable. But what happens when the temporary compute subsidy goes away for consumers? In a new substack, I think about consumer law's long-term future.

Most of what's wrong with AI writing could be solved if it somehow it hoovered up the (lost) Television Without Pity archives and anchored on that text.

This prediction re: AI assisted contracts is right on the target, and I think anyone who regularly drafts contracts ought to see it, because it suggests to me that most of us already have the technical expertise for what’s coming. From @hoffprof.bsky.social profhoffman.substack.com/p/the-declin...

Whenever I want to understand contract law, I turn to @hoffprof.bsky.social His post has fascinating thoughts on the impact AI will have on contracts. profhoffman.substack.com/p/the-declin...

There's lots of chatter about how AI will result in more complete contracting and ever-more power for monopolist firms, but simultaneously is driving a rise in pro se litigation and self-help In a new substack post, I put those ideas in tension with each other.

I watched @templelaw.bsky.social's graduation today (as my niece was crossing the stage!) Notably, Mitch Goldberg, until 2024 the EDPA's Chief Judge, a GWB appointee, and formerly an ADA, AUSA, and state court judge, had some things to say about challenges to the Rule of Law today.

Was thinking about the role of careful articulation in law -- obviously generated by writing T&P and clerkship letters. It does a ton of work. Judges, agencies, employers, professors writing either recs or papers all explain. And the length/depth of the explanation itself has weight..

Appreciating the long-term worries, I still find Claude Code to be a miraculous life-hack that is making the production of scholarship vastly more enjoyable and substantively better!

I'm very excited to welcome @cburset.bsky.social to Penn's campus this coming fall! www.law.upenn.edu/live/news/18...

Perhaps so -- lots of evidence that the constituency for the institution is real small at the Court. But a different perspective is that both SS and KBJ are making strategic, tactical and collegial errors. And SS realized it.

State Courts continue their long, grinding, resistance to the Federal Arbitration Act (as interpreted by this generation's SCOTUS). I wrote about the latest from the front in Pennsylvania. substack.com/home/post/p-...

... And another season of putting out bougie grape jelly & oranges in the forlorn hope of a Baltimore Oriole fly-by begins. #birding

DE's Chancery Court is creating the most interesting contract doctrine in the country, as corporate actors increasingly contractualize their previously fiduciary relationships. This month, VC Will innovated in the law of remedy. I wrote about it. profhoffman.substack.com/p/the-protea...

In this video, looking oddly disheveled, I talk to two of the smartest people in the AI-and-Law space, and double down on the value of LLMs for improving A2J and contract interpretation, whatever angsting law professors may say. www.adr.org/podcasts/ai-...

This is a great post. Commoditizing rote tasks makes the bespoke ones more valuable; in the case of contracts, to my mind that’s a case for (among other things) more commercially-minded legal training.

New post, whistling past the graveyard of transactional practice. I ask: if AI is so good at turning nuggets of ideas into text, why would we write contracts down at all? substack.com/home/post/p-...

For a substack, I'm collecting terms about AI use (whether disclosure or warrants against it) in law review publication agreements. Please drop examples below if you are willing -- I think it's interesting to see how journals are (and are not) reacting to the revolution.

New post, about the problems of performative consumer protection regulation. profhoffman.substack.com/p/ozymandias...

Submit a paper!

New distraction from doomscrolling. What can wrestling teach us about what's missing in contract practice (and law) today? open.substack.com/pub/profhoff...

I got to thinking, in response to a provocation by Yonathan Arbel, about whether AI-hallucinated caselaw was possibly predicting doctrine that hadn't yet been written. If so, does it make sense to use ChatGPT to predict what the Restatement (3rd) of Contracts should or would look like?

New post, on NIL and liquidated damages. open.substack.com/pub/profhoff...

In which I recant my best-titled paper. profhoffman.substack.com/p/not-my-bes...

What does abundance have to say about private law? profhoffman.substack.com/p/the-privat...

New post, highlighting how little we know about whether arbitration's rise has hurt workers and consumers. (Though it's effect on some kinds of class-adjudication seems clear enough.) open.substack.com/pub/profhoff...

New substack post, summarizing three recent papers that changed how I thought about contracting law and policy. profhoffman.substack.com/p/consumer-c...

Starting with this. Let me know if I've missed you; happy to add! go.bsky.app/Ap9bRUR