New post, on how AI's TOU purport to shape the technology's legal landscape. Vendors disclaim accuracy, ban reliance, cap damages, and push regulatory burden downstream. It's actually wild how *little* our new AI overlords really promise to deliver. profhoffman.substack.com/p/ais-terms-...

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

New(ish) draft, with Tess Wilkinson-Ryan and Emily Campbell, "Lessons In Contract." The paper draws on an earlier circulating draft ("contracts for everyone") but has ~50% new text and 100% new orientation: what do we learn from K experience, and what does it mean for doctrine.

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