CONFERENCE PROGRAM

February 18-19, 2011 Stetson University College of Law

Gulfport, Florida

6th Annual International Conference on ContractsFebruary 18–19, 2011Stetson University College of Law • Gulfport, Florida

Conference Schedule

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FRIDAY, FEBRUARY 18, 2011

8:30 – 8:45 a.m. Registration and Breakfast (Faculty Meeting Room)

8:45 – 9 a.m. Welcome (Reiter Classroom/D)

Dean Darby Dickerson

9 – 10 a.m. Roundtable – The Work and Influence of Stewart Macaulay (Reiter Classroom/D)

Jean Braucher (Arizona), Victor Goldberg (Columbia), William Woodward (Temple)

Moderator: Carol Chomsky (Minnesota)

10 – 10:15 a.m. Break (Faculty Meeting Room)

10:15 a.m. – 12 p.m. Panel I – Contracts and Economics: An Uneasy Relationship (Reiter Classroom/D)

Shawn J. Bayern (Florida State), The Expectation Measure and Its Discontents

H. Allen Blair (Hamline), The Business of Sharing: The Role of Contract in Collaborative Consumption

Steven J. Burton (Iowa), Schwartz and Scott on Contract Interpretation: A Comment

Moderator: Kristen Adams (Stetson)

Panel II – Contracts in Times of Crisis (Jacob Classroom/E)

Tamara L. Kuennen (Denver), Private Relationships and Public Problems: Applying Principles of Relational Contract Theory to Domestic Violence

Michael P. Malloy (Pacific – McGeorge), Contracts and Catastrophe Jennifer S. Martin (St. Thomas – Minn.), Money, Controversy and Our Growing Dependence on Private Security Contractors: Policy and Performance Challenges Raised by Contracting for the Use of Force

Moderator: Deborah Zalesne (CUNY)

12 – 1:15 p.m. Lunch (Mann Lounge)

Keynote Speaker: Stewart Macaulay (Wisconsin), There is No “Contracts is Dead” Movement

1:15 – 2:45 p.m. Panel I – Contract Issues and the CISG (Reiter Classroom/D)

Barbara Bucholtz (Tulsa), Should the CISG Be Covered on Bar Exams?

Larry A. DiMatteo (Florida), Critical Issues in the Formation of Contracts under CISG

Jack Graves (Touro), “Penalty” Clauses as Damages: A Question of Validity Not Governed by the CISG

Bruno Zeller (Victoria - Australia), Penalty Clauses: Are They Governed by the CISG?

Moderator: Joseph Morrissey (Stetson)

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6th Annual International Conference on Contracts

Panel II – Brave New Worlds of Contracts (Jacob Classroom/E)

Daniel D. Barnhizer (Michigan State), Exculpatory Clauses and the Oddball Injury: Foreseeability at the Intersection of Contract and Tort

Nancy Kim (California Western), Reconceptualizing the Online Bargain

Andrew A. Schwartz (Colorado), Consumer Contract Exchanges and the Problem of Adhesion

Moderator: Karen Cross (John Marshall - Chicago)

2:45 – 3 p.m. Break (Faculty Meeting Room)

3 – 4:30 p.m. Panel I – (Un)Conscious Bias in Contract Law (Reiter Classroom/D)

Martha Ertman (Maryland), Gender and Sexual Orientation Bias in Family Law Contracts

Danielle Hart (Southwestern), Class Wars

Emily Houh (Cincinnati), A Redemptive Theory of Contract

Moderator: Nancy Ota (Albany)

Panel II – Consent, Betrayal, and Disorder in the Law of Contract (Jacob Classroom/E)

Steven Feldman (US Army), Betrayal and Exploitation in Contract Law: A Comment on “Breach is for Suckers”

Keith Rowley (UNLV), Polyform Commercial Law

Frank Snyder (Texas Wesleyan), Consent in Contract Law

Jarrod Wong (Pacific – McGeorge), Class Arbitration Waivers: A Case Study of Constructive Intent and the Limits of a Consent-Based Theory of Contract Law

Moderator: Bradley Areheart (Stetson)

5:15 – 9 p.m. Dinner (Tampa Bay Watch)

Buses will begin pick up at 5:15 p.m. starting at the TradeWinds Island Resorts and at 5:25 p.m. at the Sirata Beach Resort to Tampa Bay Watch

Buses will pick up at 9 p.m. from Tampa Bay Watch and return to the Sirata Beach Resort and TradeWinds Island Resorts

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Conference Schedule

SATURDAY, FEBRUARY 19, 2011

8:45 – 9 a.m. Breakfast (Faculty Meeting Room)

9 – 10:30 a.m. Contract Doctrines: The Good, the Bad, and the Ugly (Reiter Classroom/D)

Larry Garvin (Ohio State), The Implied Warranty of Fitness: A Derelict on the Waters of the Law?

Victor Goldberg (Columbia), Traynor (Drennan) v Hand (Baird): Much Ado About (Almost) Nothing

Qi George Zhou (Sheffield), An Economic Perspective on Legal Remedies for Unconscionable Contracts

Moderator: Frank Snyder (Texas Wesleyan)

10:30 – 10:45 a.m. Break (Faculty Meeting Room)

10:45 a.m. – 12:15 p.m. Panel I – Autonomy, Relationalism and Harmonization (Reiter Classroom/D)

Jonathan Kang (Washington), Contracts and the Value of Autonomy

Timothy Kaye (Stetson), Torts as Relational Contracts

Sylvaine Poillot-Peruzzetto (Toulouse), Harmonization and Coordination of National Contract Law in Europe

Moderator: Kristen Adams (Stetson)

Panel II – Rethinking Contracts in the Classroom (Jacob Classroom/E)

Miriam Albert (Hofstra) and Jennifer Gundlach (Hofstra), Bridging The Gap: Integrating Ethical Issues and Skills Training into Traditional Doctrinal Contracts Teaching

Tina Stark (Emory), Introducing Business Issues to Students in the 1L Contracts Course

William Woodard (Temple), Why Implementing Carnegie in a Contracts Course is So Difficult

Moderator: Candace Zierdt (Stetson)

12:15 – 1:15 p.m. Lunch (Mann Lounge)

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6th Annual International Conference on Contracts

1:15 – 2:45 p.m. Panel I – Restitution and Contracts (Reiter Classroom/D)

Sidney DeLong (Seattle), Proving the Benefits of Breach in Disgorgement and Damages Caims

Joseph Perillo (Fordham), Restatement (Third) of Restitution

Caprice Roberts (W. Virginia/Catholic), Restitution Revival, Disgorgement for Opportunis-tic Breach of Contract, and Equity’s Ghosts

Moderator: Marco Jimenez (Stetson)

Panel II – New Issues in Contract, Part I (Jacob Classroom/E)

Janet Ainsworth (Seattle), Contract Law in Today’s China: Chinese Legal Culture in a Globalized Contracting World?

David Levine (Elon), Cardozo and Patent Claim Construction and Interpretation

Meredith Miller (Touro), Strategic Default: The Popularization of a Debate Among Contract Scholars

Moderator: Jake Linford (Florida State)

2:45 – 3 p.m. Break (Faculty Meeting Room)

3 – 4:30 p.m. Panel I – New Issues in Contract, Part II (Reiter Classroom/D)

Eric Chaffee (Dayton), Exploring the Contract Foundations of Employment Law and Business Law: Resolving What Fiduciary Duties Are Owed to Shareholder Employees

Jim McCurdy (Gonzaga), Specific Performance in Sports Venue Leases

Joseph Morrissey (Stetson), Lochner, Lawrence, and Liberty

Moderator: Michael Malloy (Pacific – McGeorge)

Panel II – Contracts 2.0 (Jacob Classroom/E)

Wayne Barnes (Texas Weselyan), Social Media and the Rise in Consumer Bargaining Power

Miriam Cherry (Pacific – McGeorge/St. Louis), Virtual World Employment Contracts

Juliet Moringiello (Widener) and Bill Reynolds (Maryland), Where We Are in Electronic Contracting

Moderator: Florence Shu-Acquaye (Nova)

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Conference Participants

Kristen D. Adams, Associate Dean of Academics and Professor, Stetson University College of Law, Gulfport, FL

Janet Ainsworth, John D. Eshelman Professor, Seattle University School of Law, Seattle, WA

Miriam R. Albert, Professor of Skills, Hofstra University School of Law, Hempstead, NY

Bradley A. Areheart, Bruce R. Jacob Fellow, Stetson University College of Law, Gulfport, FL

Wayne R. Barnes, Professor, Texas Wesleyan School of Law, Fort Worth, TX

Daniel D. Barnhizer, Associate Professor, Michigan State University College of Law, East Lansing, MI

Shawn J. Bayern, Assistant Professor, Florida State University College of Law, Tallahassee, FL

Allen Blair, Associate Professor, Hamline University School of Law, Saint Paul, MN

Jean Braucher, Roger C. Henderson Professor, The University of Arizona James E. Rogers College of Law, Tucson, AZ

Barbara Bucholtz, Professor of Legal Writing, The University of Tulsa College of Law, Tulsa, OK

Steven J. Burton, John F. Murray Professor, The University of Iowa College of Law, Iowa City, IA

Eric Chaffee, Associate Professor, University of Dayton School of Law, Dayton, OH

Miriam A. Cherry, Associate Professor, University of the Pacific McGeorge School of Law, Sacramento, CA

Carol L. Chomsky, Professor, University of Minnesota Law School, Minneapolis, MN

Karen Halverson Cross, Professor, The John Marshall Law School, Chicago, IL

Sidney DeLong, Professor, Seattle University School of Law, Seattle, WA

Larry A. DiMatteo, Huber Hurst Professor of Contract Law & Legal Studies, Warrington College of Business Administration, University of Florida, Gainesville, FL

Martha Ertman, Carole & Hanan Sibel Research Professor, The University of Maryland School of Law, Baltimore, MD

Steven W. Feldman, Attorney, U.S. Army Corps of Engineers, Huntsville, AL

Larry T. Garvin, Lawrence D. Stanley Professor, The Ohio State University Michael E. Moritz College of Law, Columbus, OH

Victor P. Goldberg, Jerome L. Greene Professor of Transactional Law, Columbia Law School, New York, NY

Jack Graves, Associate Professor, Touro College Jacob D. Fuchsberg Law Center, Central Islip, NY

Jennifer Gundlach, Visiting Associate Professor, Hofstra University School of Law, Hempstead, NY

Danielle Kie Hart, Professor, Southwestern Law School, Los Angeles, CA

Emily M.S. Houh, Associate Dean of Faculty and Gustavus Henry Wald Professor of the Law and Contracts, University of Cincinnati College of Law, Cincinnati, OH

Marco J. Jimenez, Associate Professor of Law, Stetson University College of Law, Gulfport, FL

Yong-Sung (Jonathan) Kang, Assistant Professor, University of Washington School of Law, Seattle, WA

Timothy S. Kaye, Professor, Stetson University College of Law, Gulfport, FL

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6th Annual International Conference on Contracts

Nancy S. Kim, Professor, California Western School of Law, San Diego, CA and Visiting Professor, Rady School of Management, University of California, San Diego, CA

Tamara L. Kuennen, Associate Professor, University of Denver Sturm College of Law, Denver, CO

David S. Levine, Assistant Professor, Elon University School of Law, Greensboro, NC

Jake Linford, Assistant Professor, Florida State University College of Law, Tallahassee, FL

Stewart Macaulay, Professor of Law Emeritus, The University of Wisconsin Law School, Madison, WI

Michael P. Malloy, Professor, University of the Pacific McGeorge School of Law, Sacramento, CA

Jennifer S. Martin, Associate Professor, University of St. Thomas School of Law – Minnesota, Minneapolis, MN

James R. McCurdy, Professor, Gonzaga University School of Law, Spokane, WA

Meredith R. Miller, Associate Professor, Touro College Jacob D. Fuchsberg Law Center, Central Islip, NY

Juliet M. Moringiello, Professor, Widener Law, Harrisburg, PA

Joseph F. Morrissey, Associate Professor, Stetson University College of Law, Gulfport, FL

Nancy Ota, Professor, Albany Law School, Albany, NY

Joseph M. Perillo, Distinguished Professor of Law, Emeritus, Fordham University School of Law, New York, NY

Sylvaine Poillot-Peruzzetto, ProfesseurAgrégé des Universités, Université des Sciences sociales de Toulouse, France

Michael G. Pratt, Associate Professor of Law and Philosophy, Queen’s University, Kingston, Ontario, Canada

William L. “Bill” Reynolds, Jacob A. France Professor of Judicial Process, The University of Maryland School of Law, Baltimore, MD

Caprice L. Roberts, Professor, West Virginia University College of Law, Morgantown, WV

Keith A. Rowley, William S. Boyd Professor, University of Nevada Las Vegas, William S. Boyd School of Law, Las Vegas, NV

Andrew A. Schwartz, Associate Professor, University of Colorado at Boulder Colorado Law, Boulder, CO

Florence Shu-Acquaye, Professor, Nova Southeastern University Shepard Broad Law Center, Ft. Lauderdale, FL

Frank Snyder, Professor, Texas Wesleyan School of Law, Fort Worth, TX

Tina L. Stark, Professor in the Practice of Law and Executive Director, Emory University School of Law, Atlanta, GA

Jarrod Wong, Associate Professor, University of the Pacific McGeorge School of Law, Sacramento, CA

William J. Woodward, Jr., Professor, Temple University Beasley School of Law, Philadelphia, PA

Deborah Zalesne, Professor, The City University of New York School of Law, Flushing, NY

Bruno Zeller, Associate Professor, Victoria University School of Law, Victoria Melbourne Victoria, Australia

Qi George Zhou, Lecturer, The University of Sheffield, Western Bank, Sheffield, United Kingdom

Candace Zierdt, Professor, Stetson University College of Law, Gulfport, FL

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Revised February 2011

Questions? Call (727) 562-7800.

After office hours, call our Public Safety Department at

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Academics & Administration

A. Plaza MayorB. Mann Lounge (1st) (Lunch)

2nd: Courtroom 203, Seminar 202, Law Review3rd: College Relations, Communications, Interfaith Chapel/Meditation Room

C. Great HallD. Charles A. Dana Building

1st: Information Technology, Eleazer Courtroom, Govoni-Staunton Suite (Elder Law), Conferences & Events2nd: Activity Space

E. Sebring CommonsF. Eleanor Naylor Dana Hall

(Administration)1st: Dean's Office, Associate Dean for Academics, Admissions and Student Financial Planning2nd: Faculty Offices, Faculty Support

Stetson University College of Law Campus MapG. Sebring Courtroom (1st)

2nd: Faculty OfficesH. H. Jackson Crummer Hall

1st, East: Nemec Auditorium (Classroom A), Nemec Office Complex, Advocacy Center1st, West: Faculty Offices2nd, East: Jacob Classroom (E), (Sessions)Classrooms F and G2nd, West: Reiter Classroom (D), (Sessions)Faculty Offices

I. Florin Roebig CourtroomJ. Courtroom H and Mediation RoomK. Human ResourcesL. Public SafetyM. Residential Life (Housing)N. Business OfficeO. 1st: International Programs, Registrar

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Student LifeR. Student Center

1st: Fitness Center, Student Lounge2nd: Student Life, Career Development, SBA, SC 201

S. Suites and Dormitory DT. Dormitories A, B and CU. Self-Service Laundry FacilitiesV. Student Lounge/Workroom (1st)

Library W. Dolly & Homer Hand Law Library

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BookstoreX. Bookstore

Other DestinationsY. 1st: Sidebar Bistro

2nd: Faculty Meeting Room (Breakfast & Breaks)

Z. J.D.’s Café and Catering

* Red indicates meeting space.* Bold indicates Walking Tour stops

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