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Dave Hoffman on Hush Contracts

Season 1, Ep. 394

In this episode, David A. Hoffman, Professor of Law at the University of Pennsylvania Law School, discusses his article "Hushing Contracts," which he co-authored with Erik Lampmann, a student at the University of Pennsylvania Law School, and published in the Washington University Law Review. Hoffman begins by explaining that a "hush contract" is a non-disclosure agreement, usually relating to sexual harassment or sexual violence. The #metoo movement has exposed how hush contracts have enable abusers to continue committing sexual harm. Many states are considering legislation to make hush contracts unenforceable, but Hoffman and Lampmann argue that a common law approach, using the contractual public policy doctrine, might be more effective. Hoffman is on Twitter at @HoffProf.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.



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