13th Annual International Conference on Contracts Conference Program Friday, February 23 8:00 - 8:45 a.m. Registration (Lobby) and American Breakfast Legal Advocacy Center lobby & 3rd floor event room 8:45 - 9:00 a.m. Welcome and Opening Remarks (Dean Leticia M. Diaz) Legal Advocacy Center, room LAC 111 9:00 - 10:30 a.m. Panel Session 1 (Concurrent Sessions) The Future of Contracts, Contract Law, and Contracts Scholarship Legal Advocacy Center, room LAC 111 • Michael T. Morley (moderator), Barry University School of Law • Daniel D. Barnhizer, Michigan State University College of Law, Automation of Contract Law and Dispute Resolution: Case Study in Corpus Linguistics Applications in Analyzing Contracts Arbitrability Decisions • Mark Edwin Burge, Texas A&M University School of Law, Masters of Jurisprudence? Contract Law Bargains for a New Audience • Jeffrey Lipshaw, Suffolk University Law School, The Persistence of Dumb Contracts (and Law) • Val D. Ricks, South Texas College of Law Houston, Contract Law Scholarship and Collaboration Contract Interpretation and Construction Legal Advocacy Center, room LAC 110 • Frederick B. Jonassen (moderator), Barry University School of Law • Omri Ben-Shahar, University of Chicago Law School, Interpreting Contracts via Surveys and Experiments • Steven J. Burton, The University of Iowa College of Law, Traynor, Corbin and Humpty Dumpty • Milva Finnegan, PhD Candidate & Researcher, University of Vaasa, From a Natural Language to a Controlled Contract Language • Amir Pichhadze, (via Skype) Deakin Law School, Contract Interpretation in Transfer Pricing Law: Lessons for the United States Post-BEPS 10:30-10:45 a.m. Break 10:45 a.m. - 12:30 p.m. Panel Session 2 (Plenary Session) Barry Law Review Symposium Panel: A Half-Century of Article 2 of the Uniform Commercial Code (a panel in honor of Professors White and Summers) Moot Courtroom • Victor P. Goldberg (moderator), Columbia Law School, Remedies in the UCC: Some Critical Thoughts • Lisa Bernstein (via Skype), University of Chicago Law School, The Myth of Trade Usage • Robert A. Hillman, Cornell Law School, Article 2 of the UCC: Some Thoughts on Success or Failure in the Twenty-First Century • Steven D. Walt, University of Virginia School of Law • James J. White, University of Michigan Law School, The Revision of Article 2: Commercial Sellers vs. Consumer Buyers 12:30 - 1:45 p.m. Lunch Including presentation by the Honorable Donald A. Myers, Jr., Circuit Court Judge, Ninth Judicial Circuit, on the Complex Business Litigation Court Legal Advocacy Center 3rd floor event room 1:50 – 3:20 p.m. Panel Session 3 (Concurrent Sessions) Commercial Transactions Legal Advocacy Center, room LAC 111 • Franklin G. Snyder (moderator), Texas A&M University School of Law • J. David Canarie, Jr., Unum Group, Trends in Commercial Contracting • Sidney DeLong, Seattle University School of Law, The Notice- Forfeiture Rule of § 2-607(3)(a): An Anachronism in Search of a New Career • Henry Gabriel Jr., Elon University School of Law, Uniform Commercial Code Article Two Revisions: The View of the Trenches • Soterios Loizou, King’s College London, The Dickson Poon School of Law, Balancing National, Regional and International Law: The International Sales Law Experience Theoretical Perspectives Legal Advocacy Center, room LAC 110 • Enrique Guerra-Pujol (moderator), University of Central Florida, College of Business Administration • Hao Jiang, Tulane University Law School, Substantive Unfairness as Unconscionable • Chunlin Leonhard, Loyola University (New Orleans) College of Law, The Inconsistencies of Consent • Chaim Saiman, Villanova University Charles Widger School of Law, The Domain of Private Law: An Anglo-American Comparison 3:20 - 3:35 p.m. Break 3:35 – 5:20 p.m. Panel Session 4 (Concurrent Sessions) Adding Transactional Skills to Law School Classes Legal Advocacy Center, room LAC 111 • Martha Ertman (moderator/panelist), University of Maryland Francis King Carey School of Law • Deborah Cupples, University of Florida Levin College of Law • Patricia Ann Redmond (via Skype), University of Miami Bankruptcy Clinic • Tina L. Stark, Professor in the Practice of Law (retired) • Kevin Tu, University of Maryland Francis King Carey School of Law Reconsidering Remedies Legal Advocacy Center, room LAC 110 • Hila Keren (moderator), Southwestern Law School • Yehuda Adar, University of Haifa, Disgorgement for Opportunistic Breach as Corrective Justice • Omri Ben-Shahar, University of Chicago Law School, The Restoration Remedy in Private Law: A Novel Approach to Compensation for Emotional Harm • Sarah Dadush, Rutgers Law School – Newark, The Law of Identity Harm • Michael T. Morley, Barry University School of Law, Equitable Remedies in Contract and Quasi-Contract • Eric A. Zacks, Wayne State University Law School, Fee-Shifting Provisions in Mortgage Foreclosures 6:45- 9:30 p.m. Reception/Dinner at Ceviche Tapas Bar & Restaurant (including Lifetime Achievement Awards for Professors James J. White and Robert S. Summers, and Trivia Contest by Earth Trivia) Saturday, February 24 8:00 – 8:45 a.m. Registration and Waffle & Pancake Breakfast Legal Advocacy Center lobby & 3rd floor event room 8:45 – 10:30 a.m. Panel Session 5 (Concurrent Sessions) Judge Posner and Contract Law Legal Advocacy Center, room LAC 111 • Michael P. Malloy (moderator), University of the Pacific McGeorge School of Law, Introduction: Posner by the Numbers • Robert Brain, Loyola Law School (Los Angeles), Correcting Drafting “Errors” or Rewriting the Law?: The Jurisprudence of Judge Posner • Deborah R. Gerhardt, University of North Carolina School of Law, Posner and Irrational Behavior • Victor P. Goldberg, Columbia Law School, Three by Posner • Jeffrey L. Harrison, University of Florida Levin College of Law, Posner’s Impact on Contract Law Teaching the Contracts Course: Strategies, Techniques, and Ideas for Consideration Legal Advocacy Center, room LAC 110 • Howard Katz (moderator/panelist), Cleveland-Marshall College of Law • David A. Grenardo, St. Mary’s University School of Law • Colin P. Marks, St. Mary’s University School of Law • Jennifer S. Martin, St. Thomas University School of Law 10:30-10:45 a.m. Break 10:45 a.m. – 12:15 p.m. Panel Session 6 (Concurrent Sessions) Pseudo-Contract and Shared Meaning Analysis Legal Advocacy Center, room LAC 111 • Robin B. Kar, University of Illinois College of Law • Margaret Jane Radin, University of Toronto; University of Michigan Law School (emerita) • Carol Chomsky (commentator), University of Minnesota Law School • Robert A. Hillman (commentator), Cornell Law School • Lauren Scholz (commentator), Florida State University College of Law Law and Economics Legal Advocacy Center, room LAC 110 • Jeffrey L. Harrison (moderator), University of Florida Levin College of Law • Yonathan Arbel, University of Alabama School of Law, On Contracts, Reputation, and Enforcement • Victor P. Goldberg, Columbia Law School, The Application of Economic Reasoning to Remedies • Peter M. Gerhart (commentator), Case Western Reserve University School of Law • Wentong Zheng (commentator), University of Florida Levin College of Law 12:15 – 1:30 p.m. Lunch Including presentation by Tina L. Stark on antique English indentures, plus a show and tell Legal Advocacy Center, 3rd floor event room 1:35 – 3:05 p.m. Panel Session 7 (Concurrent Sessions) Contract Law and Discrimination Legal Advocacy Center, room LAC 111 • Dov A. Waisman (moderator), Southwestern Law School • Emily M.S. Houh, University of Cincinnati College of Law • Hila Keren, Southwestern Law School • Sean M. Scott, Loyola Law School (Los Angeles) Good Faith and other Default Rules Legal Advocacy Center, room LAC 110 • Deborah Zalesne (moderator), CUNY School of Law • Daniele Bertolini, Ryerson University, Ted Rogers School of Management, Decomposing Bhasin v Hrynew: Toward an Institutional Understanding of the General Organizing Principle of Good Faith in Contractual Performance • Mateusz Grochowski, Resident Fellow, Information Society Project, Yale Law School, Sharing Economy and Privately-Created Default Rules • Stephen L. Sepinuck, Gonzaga University School of Law, The Various Standards for the “Good Faith” of a Purchaser • Dr. Qi Zhou (George), University of Leeds School of Law, Regulating Contractual Discretion: Rationales and Legal Instruments 3:05 - 3:15 p.m. Break 3:15 – 5:00 p.m. Panel Session 8 (Concurrent Sessions) Contracts and Business Organizations Legal Advocacy Center, room LAC 111 • Daniel D. Barnhizer (moderator), Michigan State University College of Law • Shawn J. Bayern, Florida State University College of Law, Enabling Artificial Intelligence by Contract • Yael Efron, Zefat Academic College School of Law, After the Ink is Dry • Meredith R. Miller, Touro College, Jacob D. Fuchsberg Law Center, Should Limited Liability Company (“LLC”) Statutes Allow Oral Operating Agreements? • Reem Radhi, Durham Law School (UK), Deferred Prosecution Agreements: Reform to Reduce Corporate Crime and Create Norm Compliant Behaviour? • Gastón de los Reyes, Jr., The George Washington University School of Business, Fitting the Formalities into the Default Rule Project Consumer Protection Legal Advocacy Center, room LAC 110 • Keith Rowley (moderator), University of Nevada Las Vegas William S. Boyd School of Law • Wayne Barnes, Texas A&M University School of Law, Negative Online Reviews, the Consumer Review Freedom Act, and the Potential Role of Contract Doctrine • Samuel I. Becher, Victoria University of Wellington, School of Accounting and Commercial Law, The Problem of Firms’ Pro- Consumer Behavior • Enrique Guerra-Pujol, University of Central Florida, College of Business Administration, Is the Hadley Rule Good or Bad for Consumers? A Bayesian view • Lucille M. Ponte, Florida Coastal School of Law, Revising Consumer Contracts of Adhesion under the CRFA • Lauren Scholz, Florida State University College of Law, Consumer Algorithmic Contracts 5:00- 5:15 p.m. Closing Remarks Legal Advocacy Center, room LAC 111 .