Author Archives: Michael Froomkin

Have Your Contract Forms Changed With the Times?

Update stampI was reading a long and complicated contract that I was thinking of signing (details are NDA’d, so don’t ask), and I came upon this piece of contemporary drafting:

Whenever the context of this Agreement permits, the masculine gender shall include the feminine and neuter genders, and reference to singular or plural shall be interchangeable with the other.

My first thought was this showed that the times are indeed changing.

My second thought was that if I was a contract drafter (in some evil alternate universe; I’m much better at litigation!) I’d want to put this into my standard forms.

And my third thought was that if I was reviewing a contract for something important and it didn’t have a clause like this, I’d ask when the form was last updated.  Stale forms can be dangerous…

Posted in Law: Everything Else | 2 Comments

The Next Wave is Here

Chart of Covid-19 virus particles in Boston’s wastewater by date.

From Massachusetts Water Resources Authority spotted via Exponential View.

Posted in COVID-19 | Comments Off on The Next Wave is Here

Before and After (Sort of)

According to the “AI-generated” photos provided by ThisClimateDoesNotExist, flooding caused by global warming could turn this part of the UMiami School of Law …

into this:

Alas, it doesn’t give the assumptions, nor how many degrees of warming or feet of sea level rise it would take, so I find it more a scare story than a meaningful warning.

Indeed, the fine print reveals that “This experiment is not an exercise in climate prediction. There is no correlation between the consequence chosen and the address entered. Our algorithm applies a systematic transformation regardless of the address.” So, yes, just a scare story. Technologically, the flood equivalent of putting a mask on a person’s photo.

Even so, we still have something real to worry about.

Posted in Global Warming | Comments Off on Before and After (Sort of)

‘Fusion is Only 10 Years Away!’–Nature

According to Nature, there’s a decent chance that commercial fusion reactors will be on sale in 2030, or thereabouts.

Previously:

Anyway, given that we had thirty-some years of fusion being 30 years away, this does sound like progress, and it’s fueled (ahem) by some significant private-sector money, which may signify something.  Or Theranos.

Posted in Science/Medicine | 1 Comment

Big Fine for Drone Delivery of Cigarettes

A woman in Australia got fined AU$1334 (just under US$1000) for breaking COVID quarantine by having a drone deliver cigarettes to her hotel balcony.

I guess it’s important to enforce COVID quarantine rules vigilantly. But I’ve never heard of COVID being transmitted by a delivery drone, and indeed airborne transmission is apparently much more likely than surface contamination. And having stuff delivered must make it much less likely that people will sneak out to break quarantine.

Given all that, I wonder if drone delivery isn’t something Australia should encourage rather than fine?

Posted in COVID-19, Law: Criminal Law | 1 Comment

Don’t Be a Dinosaur

(Click the arrow to play the actual video.)

Posted in Global Warming, Politics: International | 3 Comments