Contract Law

Andrea M. Matwyshyn, Hidden Engines of Destruction: The Reasonable Expectation of Code Safety and the Duty to Warn in Digital Products

62 Fla. L. Rev. 109 (2010) |   |   |   | INTRODUCTION :: This Article explores a seemingly straightforward question: to what extent is a consumer entitled to know how digital products work and the likelihood of digital harm? In previous work, I have explored this question in the context of contract law […]

Andres Healy, The Constitutionality of Amended 10 U.S.C. § 802(A)(10): Does the Military Need a Formal Invitation to Reign in “Cowboy” Civilian Contractors?

62 Fla. L. Rev. 519 (2010) |   |   |   | INTRODUCTION :: Alaa “Alex” Mohammad Ali never set out to make history. He just needed a job. Nevertheless, on February 23, 2008, Ali took his first step toward making history, and did it with blood on his hands. What began as an […]

Lisa Eichhorn, Sense of Disentitlement: Frame-Shifting and Metaphor in Ashcroft v. Iqbal

62 Fla. L. Rev. 951 (2010) | | | | INTRODUCTION :: Judicial opinions analyzing civil procedure issues are unlikely sources of rich imagery. Recent legal scholarship on metaphor has focused on sexier areas of the law, such as constitutional interpretation or the regulation of new technologies. Nevertheless, beneath the superficially arid terrain of civil […]

E. Farish Percy, Applying the Common Fund Doctrine to an Erisa-Governed Employee Benefit Plan's Claim for Subrogation or Reimbursement

61 Fla. L. Rev. 55 (2009) | | | | INTRODUCTION :: Imagine that you sustain brain injury when your car collides with another vehicle. You incur $ 1 million in medical expenses, which your employee welfare benefit plan, governed by the Employee Retirement Income Security Act of 1974 (ERISA), covers. You will never be […]

Jennifer S. Martin, Adapting U.C.C. § 2-615 Excuse for Civilian-Military Contractors in Wartime

61 Fla. L. Rev. 99 (2009) | | | | ABSTRACT :: When should a civilian seller of goods who delays delivery or cancels altogether under a wartime contract be able to claim excuse under U.C.C. Article 2? The unprecedented extent of the U.S. military’s use of contractors abroad calls for a rethinking of U.C.C. […]

Kevin R. Reitz, Demographic Impact Statements, O’Connor’s Warning, and the Mysteries of Prison Release: Topics from a Sentencing Reform Agenda

61 Fla. L. Rev. 683 (2009) | | | | INTRODUCTION :: Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (ALI) “restatement” of the law project because it was an explicit attempt to provide a model statute that would advance doctrine and practice […]