Tuesday Tips: New Scholarship from SSRN, Week of April 20th Roy Shapira & Shay Lavie Rivalrous Remedies Abstract Legal scholarship typically conceptualizes enforcement as operating directly on wrongdoers:

Today’s Tuesday Tips features scholarship on remedies, contract interpretation, and freedom of contract.

www.contractsprofblog.com/2026/04/tues...

Indicator or incubator— either way, the chickens come home to roost. 🤣

Chief Justice John Roberts

My not-so-hot take on the @nytimes.com SCOTUS scoop: for those who’ve followed the shadow docket, the scoop itself contains few surprises. What it says about SCOTUS’s new NDA regime is more interesting than the substance of the reporting
www.contractsprofblog.com/2026/04/a-ne...

I often find myself in agreement with Steve Vladeck. One of my points in the blog post is that we legal scholars have it good, because we have both.

Not as is, but there is no system of cite and substance checking. My experience varies, but may do line edits and push back if they disagree with claims. The big difference is that student editors act like they know nothing, so they always need proof. Professional editors think they know stuff.

In Defense of Student-Edited Journals Meredith Miller's post from yesterday touched on a topic that most law professors have considered at some point or other.  For years, there has been

Not to be tiresome but I have more to say on this topic here:
www.contractsprofblog.com/2013/10/in-d...
and
here
www.contractsprofblog.com/2011/11/the-...

Before I became a law prof, I taught in the humanities, and when I go back and look at scholarly, peer-reviewed publications in my past specialization, I am shocked by the bold, thinly sourced claims people make. Not that they are sloppy, but who really knows?

She’s promoting a book that should have been titled “Sanewashing SCOTUS"

I may have my timeline wrong, but I think he thought his cancer was treatable long after Half Empty. I remember when he was promoting the book, he said, “At worst, I’ll lose an arm.”

Twitter logo.

Were jurors trolling Elon Musk by highlighting the number 420 on a trial exhibit in his securities fraud case or were they just making a joke that they thought he might appreciate? Does anything hinge on the answer to that question?
www.contractsprofblog.com/2026/04/frid...

A Shocking Crime Occurred on January 6, 2021 No-bid contracts

The President calls it a Day of Love, and it was, according to reporting from @fahrenthold.bsky.social & Andrea Fuller in @nytimes.com , at least for Event Strategies, which was awarded a no-bid contract to plan the event.
www.contractsprofblog.com/2026/04/a-sh...

Dave Hoffman Weighs in on Pennsylvania’s Approach to Arbitration Over on his Substack, Contracts’ Empire, Dave Hoffman considers the latest battle in the on-going war between state courts, which are skeptical of

Another stimulating post from @hoffprof.bsky.social on his Contracts’ Empire Substack. He looks at Pennsylvania decisions refusing to compel arbitration where consumers did not get clear notice of waiver of the right to a civil jury.
www.contractsprofblog.com/2026/04/dave...

@popehatnamechanges.bsky.social
Popehat, meet Popecat
www.facebook.com/reel/9733378...

Tuesday Tips: New Scholarship from SSRN for the Week of April 13th Kathrin Gardouse, Amin Oueslati, & Noam Kolt Regulating AI Agents Abstract AI agents—systems that can independently take actions to pursue complex

Tuesday Tips: Five new pieces of scholarship on contracts and commercial law — works about AI agents, textualism, debt, reproduction and privacy law, and good faith!
www.contractsprofblog.com/2026/04/tues...

Note: the DC case is not an appeal of the District Court, which is in California. These are separate cases arising out of the same set of facts. The DC case seems narrower.

Seal of the DC Circuit Court of Appeals

Last week, Judge Lin granted Anthropic injunctive relief against the DoD and other agencies. A panel of the DC Circuit denied injunctive relief but granted expedited review. I think the panel misunderstands the nature of the relief sought. Whatcha think?
www.contractsprofblog.com/2026/04/upda...

Cleveland at night.

I am pleased to spread the word that the 19th International Conference on Contracts will convene in Cleveland at the Case Western Reserve University School of Law, March 19-20, 2027. SAVE THE DATE!!!
www.contractsprofblog.com/2026/04/save...

I’d be surprised to get any substantive feedback from student editors. Even an actual rejection letter has become a rare act of grace.

Your work aims at getting the history right. That approach is typical of the work of legal historians. Legal scholars who do history tend to be present-minded, even before the editors have their input. They look to history to find the “right” answer to contemporary legal issues.

What does the “it” in this sentence refer to? Educating judges?

First, I’m not sure why it is a bad idea for legal scholarship to aim at educating judges. Second, although I am not a judge, I rarely read a con law piece without learning something from it and am usually grateful to the author and a bit envious that they made the contribution before I could do so.

Ashley Splawinski is a PhD Candidate in the Department of Political Science at the University of Toronto.

We posted about prediction markets a few weeks ago. Now, we have an update via Ashley Splawinski on @donmoyn.bsky.social's Can We Still Govern Substack. It’s not pretty.
www.contractsprofblog.com/2026/04/a-de...

Judge Rita Lin

The Department of Defense breached its contract with Anthropic and then tried to destroy the company. Judge Rita Lin enjoined the government actions, finding violations of the 1A, DP, and the APA. Ruhe ist die erste Bürgerpflicht
www.contractsprofblog.com/2026/04/cont...

Yehuda Adar

Efi Zemach

In a guest post today, Yehuda Adar and Efi Zemach provide a summary of their forthcoming article, Reliance as Promise.
www.contractsprofblog.com/2026/04/tues...

More Open-Source Casebooks Available on H20. Here’s a sampling: Thanks to Matthew Bruckner for the tip!

Today’s post is just an update on open-source contracts and commercial law casebooks. Thanks for the tip @mbruckner.bsky.social!
www.contractsprofblog.com/2026/04/more...

We had this . . . . Can we will our way back?

Ninth Circuit Orders Supertramp’s Songwriting Duo to Give a Little Bit to the Band’s Other Members There are so many cases like this one. There was a Lynyrd Skynyrd case long ago. There’s Megadeth’s case. We’ve had the Journey case. We’ve done The

Supertramp’s songwriting duo tried to terminate their agreement with their bandmates and manager for revenue sharing, arguing that,40 years into an agreement with no termination provision, a reasonable time had lapsed. The 9th Circuit disagreed.
www.contractsprofblog.com/2026/04/nint...

I nominate Jack Smith. Let him finish the job he started.

Court Cannot Order Trash Collection When Interruption Caused by Strike Six Massachusetts municipalities sought injunctive relief in the Essex County Superior Court. They submitted affidavits from municipal officials attesting

Six Massachusetts towns asked a court to order garbage services to resume their work. The court refused, regardless of likelihood of success on the merits, because the reason for the stoppage was a labor strike that the court could not resolve.
www.contractsprofblog.com/2026/04/cour...

He will not say anything about sacrifice. He will claim that this war, which is not a war, has been the most successful in U.S. history and that nobody but him could have solved the problems in Middle East with such effectiveness and finality.