Dave Hoffman
hoffprof.bsky.social
Dave Hoffman
@hoffprof.bsky.social
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.
Pinned
Starting with this. Let me know if I've missed you; happy to add!

go.bsky.app/Ap9bRUR
New post, about the problems of performative consumer protection regulation.

profhoffman.substack.com/p/ozymandias...
Ozymandias and the CFPB’s Doomed Regulation AA
In January 2025, the Consumer Financial Protection Bureau proposed Regulation AA, a sweeping rule aimed at boilerplate in consumer financial contracts.
profhoffman.substack.com
January 22, 2026 at 3:57 PM
New(ish) draft, with Tess Wilkinson-Ryan and Emily Campbell, "Lessons In Contract."

The paper draws on an earlier circulating draft ("contracts for everyone") but has ~50% new text and 100% new orientation: what do we learn from K experience, and what does it mean for doctrine.
January 15, 2026 at 5:14 PM
Submit a paper!
January 14, 2026 at 1:35 PM
New distraction from doomscrolling. What can wrestling teach us about what's missing in contract practice (and law) today?

open.substack.com/pub/profhoff...
Wrestling’s Old-Time Contract Religion
Ritual, commitment, and the work contracts once performed
open.substack.com
January 5, 2026 at 6:02 PM
I got to thinking, in response to a provocation by Yonathan Arbel, about whether AI-hallucinated caselaw was possibly predicting doctrine that hadn't yet been written. If so, does it make sense to use ChatGPT to predict what the Restatement (3rd) of Contracts should or would look like?
December 15, 2025 at 2:23 PM
New post, on NIL and liquidated damages.

open.substack.com/pub/profhoff...
Schools Are Using NIL Buyouts Instead of Noncompetes to Deter Athletes' Movement
Courts should be skeptical of the trend
open.substack.com
December 8, 2025 at 8:37 PM
In which I recant my best-titled paper.

profhoffman.substack.com/p/not-my-bes...
Not my best (puffery) article.
Feeling sheepish about a superlative title.
profhoffman.substack.com
December 2, 2025 at 3:00 PM
What does abundance have to say about private law?

profhoffman.substack.com/p/the-privat...
The Private Life of Abundance
Maybe it's the common law that's stopping us from getting more of what we need.
profhoffman.substack.com
November 17, 2025 at 2:21 PM
New post, highlighting how little we know about whether arbitration's rise has hurt workers and consumers.

(Though it's effect on some kinds of class-adjudication seems clear enough.)

open.substack.com/pub/profhoff...
The Evidence of How Arbitration Hurts Employees and Consumers is Mostly Vibes
Why we could use better empirical research on the real world effects of the rise of arbitration.
open.substack.com
October 17, 2025 at 11:15 AM
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
September 15, 2025 at 2:10 PM
Starting with this. Let me know if I've missed you; happy to add!

go.bsky.app/Ap9bRUR
November 16, 2024 at 11:01 PM