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From Contracts To The College Football Playoffs: Stephen Harper’S Unlikely Path To Iu Athletics, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

On Monday night, as the Indiana University football team takes the field with a national championship on the line, Stephen Harper ’11 will be where tens of thousands of IU alumni wish they could—on the sidelines of Miami’s Hard Rock Stadium.

For Harper, Indiana’s chief operating officer for athletics, the moment is the culmination of a journey that began far from packed stadiums and playoff spotlights. Before contract negotiations, NIL policy, and Big Ten championship trophies, Harper was a high school English teacher and basketball coach at Bloomington North High School.

Table Of Contents

American Indian Law Journal

No abstract provided.

Library E-Book Licensing And State Law Reform, Kincaid Brown

Law Librarian Scholarship

Libraries don’t “buy” most e-books the way they buy print books; they license them. That reality is at the crossroads of budgetary constraints and patron satisfaction in modern libraries. With print, a library typically pays once, owns the copy, and lends it until it wears out. With e-books, publishers and intermediaries, like platforms such as OverDrive, commonly offer time-limited or loan-limit-ed terms (for example, a license that expires after a set number of checkouts or after a set period), can impose embargoes, and can set prices far above consumer retail. Libraries argue these terms frustrate their public mission and make …

Outbid By Technicality: How Streaming Services Weaken Legacy Media’S Matching Rights, Arthur Yolles

American University Business Law Review

Contracts for large-scale media distribution, such as those between sports leagues and broadcasting companies, often include matching rights—rights which guarantee a media distributor the ability to continue distributing content for as long as they can match the bids of third parties. These rights grant media distributors security in their relationships with rights-grantors, and they deliver a more predictable viewing experience for consumers. However, it is not always clear what constitutes a "match."

With the rise of streaming and big tech’s infiltration into legacy media strongholds such as live sports, the need to define a match is increasingly relevant. This Comment …

Teaching Contracts: My Journey With Spellbook And Ai Pedagogy, Gregory M. Duhl

Faculty Scholarship

I am integrating Spellbook, an AI tool for contract drafting and review, into my first-year law school Contracts course in Spring 2026. Although Spellbook is highly effective, its educational value hinges on the pedagogical framework structured around it, a framework typically not licensed along with AI tools. In-house instructional design expertise can provide this framework, and the professor-instructional designer partnership offers one model for successful AI integration. Strong tools paired with robust instructional design yield learning experiences in which AI augments, rather than supplants, the cultivation of legal judgment and critical thinking. This collaborative approach, among educators, instructional designers, and …

An Excellent Genealogy Of The Core Concepts Of Indian Contract Law: A Review Of Dr. Shivprasad Swaminathan’S “A Historical Introduction To Indian Contract Law” (Routledge 2025), Katy Barnett

National Law School of India Review

This review discusses Dr Shivprasad Swaminathan’s new book, ‘A Historical Introduction to Indian Contract Law’, including his discussion of the history of Indian contract law, formation of contracts, contractual consideration, privity, contractual vitiating factors, frustration, damages and stipulated sums, and unjustified enrichment. As noted in the last chapter of Dr Swaminathan’s book, the discussion goes to the very heart of the common law itself and how it operates. We can all learn from the Indian experience of codification.

Do-It-Yourself Reparations, Martha M. Ertman

Faculty Scholarship

The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white and black Americans, in the context of residential segregation over the past century. It contends that the equitable doctrine of restitution enables us to recognize and remedy the unjust enrichment enjoyed by white Baby Boomers caused by private law mechanisms such as racially restrictive covenants, all …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Scholarly Articles

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into …

Merger Remedies Unbound, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min

Articles

How should foundational contract law doctrines apply to corporate mergers? This Article argues that recent changes in Delaware law grant parties expansive contractual freedom to define their preferred remedies in merger agreements, untethered from the limits imposed by traditional contract law. A new provision in the Delaware corporate code, or the Delaware General Corporation Law (DGCL), permits penalty clauses in merger agreements, notwithstanding the traditional “anti-penalty doctrine” that forbids punitive liquidated damages in contracts. Delaware courts have also shown deference to specific performance provisions, treating them as presumptively enforceable commitments instead of retaining their traditional judicial discretion over the choice …

Reevaluating Consumer Debt Enforcement: Why We Don’T Need Courts To Enforce Consumer Debt Contracts, Adam Toobin

Fordham Journal of Corporate & Financial Law

Enforcing consumer debt contracts against low- and middle-income borrowers, rather than making consumer debt markets work better, is inefficient and exacerbates consumer protection concerns. While consumer debt litigation—and enforcement of consumer debt contracts through wage and bank account garnishment—may have once strengthened nascent consumer debt markets, consumer credit scoring now effectively structures consumers’ incentives to repay their debt obligations. Debt enforcement is not necessary to encourage consumers to repay their debts and tends to drive borrowers into bankruptcy. Debt enforcement also undermines efforts to provide consumer protection in these markets by raising the stakes of any debt contract—where any default …

Texas’S Attempt To Compete With Delaware, Robert A. Ragazzo

Fordham Journal of Corporate & Financial Law

Delaware derives substantial economic benefits from attracting incorporation business. Other states have sought to receive a share of these economic benefits. Texas is among them. Part I of this article will consider Texas’s attempt to copy Delaware’s enabling philosophy. It will conclude that, although the Texas courts have not always shared Delaware’s enabling view, the Texas legislature has historically done its best to place Texas on a par with Delaware in terms of its enabling philosophy of corporate governance. In recent times, the Texas legislature has actually outdone the Delaware legislature in creating a pro-managerial corporate environment. Part II of …

Procedimientos De Selección De Fuentes En Las Adquisiciones Federales De Estados Unidos: Una Introducción A Las Compensaciones De Mejor Valor En El Procedimiento De Negociación Competitiva, Daniel E. Schoeni

Books and Book Chapters by University of Dayton Faculty

Este libro es producto del III Congreso Internacional de Contratación Estatal, celebrado en Barranquilla en marzo de 2025, y tiene como propósito analizar uno de los aspectos centrales -y a la vez menos sistematizados e integrados- del derecho de la contratación estatal: las actuaciones y los procedimientos que estructuran el ciclo completo del contrato estatal. El texto tiene una premisa clara: la contratación estatal es una institución compleja, dinámica y funcional, cuya comprensión exige atender y entender una multiplicidad de actuaciones y procedimientos que la atraviesan, desde la celebración y el perfeccionamiento del contrato, la ejecución de obras en ausencia …

Voluntary Legal Obligations: From Contract To Cohabitation, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Although cohabitants often live together in ways indistinguishable from those who are married, the law treats them differently than it does spouses. In Toward a Private Law of Intimates’ Obligations, Emily Stolzenberg asks why, identifies the need for reform, and brings the law of cohabitation into conversation with recent work in private law theory. This Response builds on Stolzenberg’s excellent article to think more about the different types of obligations involved in contract, marriage and cohabitation. Although the moral and legal obligations attaching to these relationships are all voluntary, they exhibit different degrees of choice-dependence, and choice figures into …

New England Prop. Servs. Grp., Llc V. Vt. Mut. Ins. Co., 331 A.3d 730 (R.I. 2025)., Kayla Badstubner

Roger Williams University Law Review

No abstract provided.

Cashman Equip. Corp., Inc. V. Cardi Corp., Inc., 335 A.3d 430 (R.I. 2025)., India E. Awe

Roger Williams University Law Review

No abstract provided.

Potenza V. Deutsche Bank Nat’L Trust Co., 338 A.3d 1050 (R.I. 2025)., Áine Guyer

Roger Williams University Law Review

No abstract provided.

New England Prop. Servs. Grp., Llc V. Ngm Ins. Co., 329 A.3d 889 (R.I. 2025)., Justin Edward Keyes

Roger Williams University Law Review

No abstract provided.

1981, Carliss N. Chatman

Faculty Journal Articles and Book Chapters

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Pricing Lies: Government Contracts And The False Claims Act, Fernando Mendoza López

Marquette Law Review

Courts have recognized the federal government’s use of government contracts not only as a commercial transaction but also as an instrument of policy. Governments routinely seek to promote small business interests, domestic industry, women-owned, minority-owned, and veteran-owned businesses. However, in cases of fraud involving these policy provisions, courts have consistently failed to recognize this dual nature of government contracts.

The intangible benefits that governments gain from these preferential policies complicate damage calculations for courts when dealing with fraud. Such complications have led to inconsistencies and the emergence of three main approaches. First, some courts have assessed that the government …