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Contracts' Empire

Dave Hoffman

A substack about how technological change has supercharged contracts' role in our lives, and what if anything to do about it.

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Substack
PricingOnly free issuesPublishesWeekly
Issues25Founded4 years agoLast Issue21 days ago
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Latest Issues

The $1 Million NIL Buyout Is Weirder Than It Looks

Back in December I wrote about how how college sports are using liquidated-damages clauses that price an athlete’s exit as disguised noncompetes.

Lots of people think that University of Cincinnati v. Sorsby, No. 1:26-cv-00200 (S.D. Ohio)...

21 days ago
1
1

Cross-Examining Agentic Commercial Agents

Back in May, I looked at James Toomey’s paper about Zombie contracts. Today’s substack returns to the problem from a different angle.

The canonical agentic commerce problem asks us to imagine that two agents make a deal — a buyer’s procure...

23 days ago
1

Does Cravath Have A Drafting Accent?

It’s worth knowing before we get into this week’s substack that I was motivated to write it after I told someone that “I’m done dinner.” I then got made fun of because this is a stigmatic phrase of the Philadelphia accent. And, it’s true, I...

a month ago
5
1

Hunting for Fossils in M&A Agreements

Mitu Gulati, Bob Scott and Steve Choi’s new book on Contract Hazards: Lawyers and Their Landmines is great fun. As a piece of craft, the manuscript is delightful to read, and it’s about a puzzle that’s incredibly economically important. Bas...

2 months ago
2
4

Cheap Compute, Multiplying Contract Disputes

Last week I described the AI-mediated consumer dispute equilibrium as an arms race that wastefully redistributes surplus. A reader’s follow-up question pushed me to think harder about where I ended up.1

I argued that firms and consumers ar...

2 months ago

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  • Dave Hoffman

    Dave Hoffman is the William A. Schnader Professor of Law at the University of Pennsylvania Carey School of Law. He focuses his research and teaching on contract law.

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