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Abstract:
This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.

Internet, contracts, cyberspace

Abstract:
In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.

contracts, electronic commerce, cyberspace

Abstract:
In this survey, we discuss electronic contracting cases decided between July 1, 2007 and June 30, 2008. In addition to cases adding to the literature on the enforceability of online contracts, this survey includes cases discussing modification of online contracts, incorporation by reference, and unconscionability. We conclude that our common law is developing nicely to address the issues presented by internet contracting.

contracts, internet, cyberspace, contract modification, unconscionability

Abstract:
This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective.

cyberspace law

Abstract:
In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed to the terms, one case in which formation by the exchange of e-mail messages was at issue, and one in which plaintiffs argued, unsuccessfully, that they were third-party beneficiaries of the Craigslist Terms of Use. Finally, our last case addresses a question not unique to, but common in, electronic contracting cases: does Article 2 of the Uniform Commercial Code govern the transfer of software?

contracts, electronic contracts, cyberspace, terms of use

Abstract:
This essay examines the quality of Supreme Court antitrust opinions by reference to the standards of jurisprudence developed by the Legal Process School. Antitrust is usually described as a delegation of authority to the federal courts to create a body of common law to interpret and develop the broad and quasi-constitutional language that Congress used in the Sherman Act and subsequent statutes. The Legal Process School provides a powerful lens in viewing that body of common law adjudication. Looking at antitrust though this lens, we suggest that specific rules of antitrust doctrine have succeeded when they have been the subject of reasoned elaboration by the Supreme Court, openly and fairly confronting the legal and policy questions before it, and creating a reasonably stable body of precedent that is accepted by government institutions and private parties as a basis for planning and conducting economic affairs. Measured against this standard, we believe that the Supreme Court has enjoyed a few shining successes and a greater number of dismal failures. These failures either led to continued warfare among the lower courts, the agencies, and the commentators, or forced the government and private parties to find non-adjudicative ways to reach stable and predictable rules to guide market behavior.

jurisprudence, legal process, antitrust, price fixing, resale price maintenance, monopolization, mergers, tying, group boycotts

Abstract:
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation's capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent - McCulloch v. Maryland, Brown v. Maryland, Federal Baseball - I am not aware of a serious scholarly effort to bring that history to the attention of a large audience. This Essay presents a short version of that relation. It does not pretend to be comprehensive, but only provocative; I hope others will fill in the gaps.

This Essay analyzes the role the State and its citizens have played in constitutional development from several perspectives: constitutional Framers, Supreme Court Justices, individual attorneys, and specific pieces of litigation. I do not cover any area in depth, and for topics that are quite famous, I have assumed some prior knowledge on the reader's part. On other topics that are important, but little-known, such as Reverdy Johnson and the Federal Baseball litigation, I have perhaps provided more than the normal amount of information. Finally, much more attention has been placed on events in the first half-century of the Republic than on those that came later; the reasons are simple: Maryland was a far more important part of the nation in the early days than it is now, and today lawyers and Justices may live in this State but have little real connection with it. In the end, this has been a labor of love, and so I have followed my heart on coverage.

Maryland, United States Constitution

Abstract:
The article advocates a new restatement of Conflict of Laws based on the empirical work of a new generation of scholars.

Abstract:
An argument that the circuit courts have transformed themselves illegitimately from courts of mandatory appellate jurisdiction to certiorari courts. They would not have needed to do so if the judges had been willing to ask congress for more judgeships, but for a variety of specious reasons, they have not done so.

Abstract:
This empirical study reviews the experiences of the fourth and sixth circuits under their non-publication plans.

fourth circuit, sixth circuit limited publication