Author Archives: F. E. Guerra-Pujol
Due process, gender equality, and the shadow of Title IX
In my previous post, we asked an important procedural legal question: what burden of proof should schools and universities use to adjudicate student misconduct cases? Alas, there is a trade off between accuracy and fairness, between truth and error. The … Continue reading
Facemash and the burden of proof
Did Mark Zuckerberg intend to harm or offend anyone when he created Facemash back in ’03? The answer to this question might depend on the burden of proof. In general, when someone is accused of wrongdoing like hacking or theft … Continue reading
What is sexual harassment?
As I mentioned in my previous post, my students (playing the roles of Harvard law professors circa 2003-04) will be re-enacting a faculty tea and debating a number of contentious questions relating to Harvard’s response to the Facemash incident. Let’s … Continue reading
Debating Due Process (Game Day 2)
As I mentioned in a previous post, this semester my business law students are playing a role immersion game based on a hacking incident that occurred at Harvard in the fall of 2003, when Harvard sophomore Mark Zuckerberg created a … Continue reading
Spatial distribution of an academic audience
See image below. A box with an X indicates an occupied seat, while empty boxes indicate empty seats. When there are more spaces (chairs) than audience members, why do law professors prefer sitting at both ends of a room rather … Continue reading
English Indenture (circa 1408)
An indenture is an early form of contract, commonly used during the Middle Ages in England. Below is an original document dated 5 November 1408 (!), from Professor Tina L. Stark’s collection of old English indentures. (Prof. Stark presented her … Continue reading
Status update
We will be attending the 13th annual International Conference on Contracts (KCON XIII) in Orlando, Florida this weekend (the conference program is available here), where we will moderate a panel on contract theory and present a Bayesian analysis of the … Continue reading

