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80 Tul. L. Rev. 1161 (2005-2006)
Contracts, New Legal Realism, and Improving the Navigation of The Yellow Submarine

handle is hein.journals/tulr80 and id is 1181 raw text is: Contracts, New Legal Realism, and Improving the Navigation of The Yellow Submarine Stewart Macaulay* In early January of 2005, the nuclear submarine SAN FRANCISCO was traveling submerged at a depth of more than 500 feet and running at top speed.' It crashed into an undersea mountain, killing one sailor and injuring ninety-seven others.2 The United States Navy estimated that repairs to the boat might cost more than $88 million The mountain had not been identified on any of the boat's navigational charts, although a potential hazard had been noted on other charts that the SAN FRANCISCO's officers had never seen.' The submarine's captain and six others were relieved of duty.' Few will be surprised to discover that I, the coauthor of a casebook called Contracts: Law in Action,6 think that many of the charts of our subject are inaccurate and might send us crashing into unseen mountains. Furthermore, the tragedy is that many of these hazards have been charted in the work of scholars who write in the law and society tradition, but these charts are unknown to many in the * Malcolm Pitman Sharp Hilldale Professor of the University of Wisconsin- Madison and Theodore W Brazeau Professor of Law. I want to thank my colleagues Kathryn Hendley, Elizabeth Mertz, and William C. Whitford for comments on an earlier draft of this Article. Of course, all mistakes are mine because I did not take all of the good advice offered. 1. Christopher Drew, Navy Outlines Errors Preceding Fatal Submarine Crash, N.Y. TIMES, May 8, 2005, § 1, at 30. 2. Id 3. Id 4. Id 5. Id; see also Christopher Drew, Danger Zone That Wasn't, and a Sub s Hidden Peril, N.Y TIMEs, Jan. 23, 2005, § 1, at 20 (The main chart on the submarine was prepared by another agency within the Defense Department in 1989. Officials at the charting office have said they never had the resources to use the huge volumes of satellite data to improve their charts.). 6. STEWART MACAULAY ET AL., CONTRACTS: LAW IN ACTION (2d ed. 2003). Et al. conceals the facts that the editors are Stewart Macaulay, John Kidwell & William Whitford. Id. Marc Galanter joined us for the first but not the second edition. Id (1995). The project that produced the book was such a partnership that I have always regretted the citation form that reduces real contributors to et al. 1161

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