Lightnews — Scholar-powered news

Dave Hoffman

@hoffprof.bsky.social

3.4K followers 1.4K following 540 posts

William A. Schnader Prof. of Law at Penn Law Teaching & writing mostly about contracts, occasionally backyard birds. Against et al. Pro legal jargon. Neutral on legal process.

Posts Media Videos Starter Packs

Pinned

Dave Hoffman @hoffprof.bsky.social · Nov 16

Starting with this. Let me know if I've missed you; happy to add!

go.bsky.app/Ap9bRUR

8 5 27

Dave Hoffman @hoffprof.bsky.social · 23d

New substack post, summarizing three recent papers that changed how I thought about contracting law and policy.

profhoffman.substack.com/p/consumer-c...

Consumer Contracts are Fairly Readable, Suprisingly Sloppy, and Sometimes Irrelevant

Recent papers that changed the way I thought about contract law

profhoffman.substack.com

1 3

Dave Hoffman @hoffprof.bsky.social · Sep 3

a black and white photo of a man with a stethoscope around his neck screaming .

ALT: a black and white photo of a man with a stethoscope around his neck screaming .

media.tenor.com

Dave Hoffman @hoffprof.bsky.social · Sep 3

As the substack explores, the right test case here could make good law protecting tenants, and given that the issue remains surprisingly unsettled now's the time to find the appropriate plaintiff to make it happen.

Dave Hoffman @hoffprof.bsky.social · Sep 3

On balance, I think that moving most tenant living-conditions and discrimination claims into secret & individualized arbitral tribunals will be bad for society (though some tenants will benefit).

But it's not inevitable that the FAA will be read to permit the arbitration of local leases.

1 5

Dave Hoffman @hoffprof.bsky.social · Sep 3

As Marotta-Wurgler & Issacharoff have observed, the dual rise of arbitration and federal class adjudication has hollowed out state consumer and contract law governing digital technologies.

I think that the same is about to happen to real property law.

profhoffman.substack.com/p/out-of-cou...

Out of Court, Out of Sight: Eviction Trap Arbitration Clauses in Modern Leases

Landlords are using arbitration to bury tenant claims. Their legality is unsettled—and the stakes for housing rights are high.

profhoffman.substack.com

2 10 22

Dave Hoffman @hoffprof.bsky.social · Sep 2

I've a new substack post, inspired by reporting from Kate Giammarise of 90.5 in Pittsburgh. The basic gist? Arbitration clauses are spreading in leases. Their legality is unsettled, and tenant / public interest attorneys may have a small window to do something meaningful about it.

KProfsBlog @kprofsblog.bsky.social · Sep 2

New Substack post from @hoffprof.bsky.social and Madison Johnson on one-sided arbitration clauses in leases.
profhoffman.substack.com/p/out-of-cou...

Out of Court, Out of Sight: Eviction Trap Arbitration Clauses in Modern Leases

Landlords are using arbitration to bury tenant claims. Their legality is unsettled—and the stakes for housing rights are high.

profhoffman.substack.com

2 5

Dave Hoffman @hoffprof.bsky.social · May 29

Every minute you send preparing to write is a minute you don't have to spend later adding parentheticals because you won't have time or interest, it is known.

Dave Hoffman @hoffprof.bsky.social · Apr 25

I'm not sure if it's a big deal or not, I just started to read the relevant warrant. People get arrested in this country (wrongly and rightly) all the time. That it happened to a judge doesn't mean this is an iron curtain descending on Europe.

Dave Hoffman @hoffprof.bsky.social · Apr 25

Judge Joseph was indicted and charges were eventually dismissed two years later.

en.wikipedia.org/wiki/United_...

United States v. Joseph (2019) - Wikipedia

en.wikipedia.org

Dave Hoffman @hoffprof.bsky.social · Feb 1

The foundation is concurring opinions which will always be with us, no matter now doomy your replies get.

Dave Hoffman @hoffprof.bsky.social · Feb 1

Oh! Well, I'm not trying to change the subject. I'm just real confused by your reaction. Sorry, go back to your business! Nothing to see here.

1 1

Dave Hoffman @hoffprof.bsky.social · Feb 1

What is a subjectivist?

1 1

Dave Hoffman @hoffprof.bsky.social · Jan 30

Agree with everything AMK says.

1 1

Dave Hoffman @hoffprof.bsky.social · Jan 30

Yeah, that was one where they mistakenly rejected me thinking I was you and I was like "no, friends, my work isn't that interesting."

Dave Hoffman @hoffprof.bsky.social · Jan 28

Already submitting to law reviews I see?

Dave Hoffman @hoffprof.bsky.social · Jan 26

For me, it's π for plaintiff.

Dave Hoffman @hoffprof.bsky.social · Jan 25

Considering the widespread disdain for religious morality prevalent among many / most law faculty, one obvious danger is that morality talk is a one-way ticket to a particular, secular, vision of the good life.

Dave Hoffman @hoffprof.bsky.social · Jan 25

I am not sure I buy the causality.

Dave Hoffman @hoffprof.bsky.social · Jan 23

If this is about the person you previously tweeted about, I don't think it's the right suspicion.

Dave Hoffman @hoffprof.bsky.social · Jan 17

The law targets actual control.

My view is that if facebook's chinese sub is in fact controlling facebook's US operations and thus gives rise to the dangers the law is targeted again, divestment seems appropriate.

Dave Hoffman @hoffprof.bsky.social · Jan 17

I had thought--could be wrong--that Meta's chinese sub operates only in China, and doesn't have the power to compel the parent to turn over data in the way that Bytedance does w/r/t TikTok.

But if the precedent is "get a congressional act" that's hard to do!

1 1

Dave Hoffman @hoffprof.bsky.social · Jan 17

It's true, but tomorrow is another day and maybe they'll read @joshchafetz.bsky.social's book.

1 2

Dave Hoffman @hoffprof.bsky.social · Jan 13

Comments about questions about questions about comments: you are taking it to the next level Corey.

Dave Hoffman @hoffprof.bsky.social · Jan 11

Maybe you misunderstand the point of the Gif which is what you were calling me obtuse!