From: Ian Ayres [ian.ayres@yale.edu]
Sent: Tuesday, May 03, 2005 9:05 AM
To: 'Ian Ayres'
Subject: more Ayres spam
Three things to report:
1)  Yale University Press has just published Insincere Promises: The Law of Misrepresented Intent (forthcoming Yale University Press 2005) (with Gregory Klass).

How can a promise be a lie?  Answer: when the promisor never intended to perform the promise.

Promissory fraud is one of the few ways to win punitive damages for breach of contract. In some cases, it can also defeat contract defenses like the Statute of Frauds, the parole evidence rule, or even lack of consideration. But while, in many jurisdictions, promissory fraud is litigated more than mistake and impossibility combined, it is almost never taught in law schools.

The attached pdf shows a picture of the book -- my favorite bookcover picture.  And describes 4 take-home lessons from the book.
 
You can also read the first chapter of the book here:  http://islandia.law.yale.edu/ayers/Insincere%20Promises%20Chapter%201.pdf
 
Taking a page from Oprah, I will happily send a free copy of the book to anyone who emails me their address and has a subject line "please send me Insincere Promises."
 
2) Jennifer Brown and I have drafted a law review article arguing that employers should move from non-discrimination POLICIES to non-discrimination PROMISES with regard to sexual orientation discrimination.  You can download a copy of the article here: Mark(et)ing Nondiscrimination: Privatizing ENDA with a Certification Mark,.  We've also created a pretty cool web page that allows any employer in about five minutes to make a legally enforceable promise not to discriminate, to empower employees and applicants to sue if the employer breaches the promise, and lets employer brag about having made the promise.  Check out www.fairemploymentmark.com  We would really like to see employers license the fair employment mark.  If you are on the board of an organization that hires anybody, please consider having the organization license the mark -- it's free.  If you have any leads about likely licensees please let me know.  I'm trying to gear up for a real push on this one.
 
and 3) if you have a strong stomach, you might be interested on the gushing coverage of my impending crush of book and article publications -- Books Fall like Rain for Prof. Ian Ayres (http://www.law.yale.edu/outside/html/Public_Affairs/593/yls_article.htm) -- It includes the embarassing, breathless quote: "It's an amazing time for me," says Ayres.
Sincerely,

Ian Ayres

William K. Townsend Professor

Yale Law School

PO Box 208215, New Haven, CT 06520

203.432.7101 (o), 203.432.4769 (fax), 203.624.5654 (h)

ian.ayres@yale.edu

www.ianayres.com (downloads and clips galore)

www.whynot.net (post ideas to improve the world)