Current facets (Pre-Master)

Guest lecture Professor Alan Schwartz (Yale University)

In his lecture on 16 March 2017, Alan Schwartz will discuss his paper “The Common Law of Contracts and the Default Rule Project”. This paper attempts to explain how adjudication produced the common law of contract, and argues that private law making projects cannot improve much on what the courts have done.

In his lecture, Alan Schwartz will discuss the paper: Alan Schwartz and Robert E. Scott, “The Common Law of Contracts and the Default Rule Project”, 102 Virginia Law Review 1523-88 (October 2016). This paper attempts to explain how adjudication produced the common law of contract, and argues that private law making projects cannot improve much on what the courts have done.  The last part has particular relevance to Europe, because private groups have been creating, and attempting to create, European sales and contract laws.  These efforts, our paper suggests, may be misguided.

Full Paper is available here.

Alan Schwartz is a Sterling Professor at Yale University, one of 27 such professors in the University.  His appointments are in the Yale Law School and the Yale School of Management.  Professor Schwartz’s academic specialties include corporate finance and corporate governance, mergers and acquisitions, contracts and contract theory, bankruptcy and commercial transactions.  He has published numerous articles and books in these fields.  Professor Schwartz has been identified, by the Institute for Scientific Information, as being in the top one half of one percent of social scientists worldwide in total citations, and he has been named, by the HeinOnLine database, as among the top fifty law professors all time in law review citations.  Professor Schwartz has been President of the American Law and Economics Association, Editor of the Journal of Law, Economics and Organization and Chair of the Sections on Law and Economics and the Section on Contracts of the Association of American Law Schools.  He is currently a member of the American Academy of Arts and Sciences.  Professor Schwartz has served on the boards of Cliffs Natural Resources, Inc., Furniture Brands, International and Rohn Industries, all of which were publically traded when he served as director.

Professor Alan Schwartz will be the Erasmus+ Visiting Scholar of the EMLE at Erasmus School of Law in the period March 8th – March 17th, 2017. He will be in Room J6-63.

More information

Thursday 16 March 2017 10.00 hours
Theil Building, room C2-2
The guest lecture is open to all who are interested and free of charge. However, advance registration is required via rile-sec@law.eur.nl