Should States Invest in Universities That Violate Basic Rights?

Today, college and university students are facing a crisis involving their basic rights.

For decades, the highest courts of America have recognized that the Constitution broadly permits the freedom to express one’s opinions. However, this basic right that is absolutely fundamental to democracy is under attack. The right to free speech is the first and most fundamental civil liberty. It enables us to engage in social discourse and provide input on government decisions. No society that compromises free speech will ever be truly free.

The thesis of this article is simple. Lawful expression ought to be protected on college and university campuses that receive state funding. Continue reading →

Contracts – Defenses to Formation

In contract law, four requirements must be met in order for there to be a contract. The first three elements are offer, acceptance, and consideration. They are dealt with fully elsewhere. The fourth is applicable defenses. It is vital to fully understand every defense because a single valid defense can render an entire contract voidable, unenforceable, or even completely void.

Contracts are also unenforceable if there is no consideration, but that also is a whole different subject, with its own special exceptions, limitations and other nuances. So, instead of trying to get an overview of the entirety of the law of contracts, let us get a general overview of the defenses to formation of a contract.

There are nine defenses. They are the statute of frauds, incapacity, illegality, the parol evidence rule (which is more of an evidence rule, as its name indicates), unconscionability, mistake, misrepresentation, duress, and undue influence. Continue reading →