Contract's empire of forms, on a generations-long march, continues to conquer new territory.
Not content with dominating the worlds of commercial law and finance, written contracts now …

We introduce generative interpretation, a new approach to estimating contractual meaning
using large language models. As AI triumphalism is the order of the day, we proceed by way …

When New Orleans' levees broke during Hurricane Katrina, devastation, both human and
economic, swept the city. And then came the lawyers. In mass contract litigation by …

The traditional employment relationship assumes a fee-for-service exchange: workers
provide, and receive compensation for, their labor services. That exchange is governed by …

T HOUGH there have been many high-profile mergers and merger disputes in the past, 4
none captured the public's attention quite like Elon Musk's on-again, off-again, on-again …

Contract law affects behavior not just directly, by ordering damages, but also indirectly, by
providing information on how the parties to the dispute behaved. Information from litigation …

Contracts rule our digital world. Platform terms of service determine speech rights, privacy
rights, and much more. This is no accident—from the very beginning, the US model of …

Should a court ever second‐guess a contract, ignoring what the parties said and imposing
something different? Contractual purists insist that the answer is no. But the messy nature of …

Agreements exchanging sex for money and those involving marijuana may encounter
illegality defenses in court. Granting a legal remedy for breach of an agreement that …

The quintessential outcome of a civil action against an individual, assuming that the plaintiff
prevails, is the money judgment. Yet, as most lawyers learn sometime in their first year of law …