Monday, August 18, 2008
And here is the statement from the AALS regarding the proposed boycott of the Manchester Hyatt on the grounds that Doug Manchester gave money to the campaign to reverse by constitutional amendment initiative the California Supreme Court's decision that reversed the California initiative against same sex marriage, which some people think he shouldna.
August 15, 2008
contracts with the hotels provide that each hotel reserve a block of
guest rooms, and leave to the AALS the choice of where to locate the
AALS Registration, Exhibit Hall, Section Programs, Presidential
Programs, and House of Representatives meetings. We will honor our
contracts with both hotels, and we have exercised our option to hold
all AALS events at the Marriott to ensure the maximum participation by
Hmmm. I hope they had their lawyers look at this. It sounds to me like one of those contracts cases I teach where you enter into a requirements contract and then say "Surprise! It turns out actually that we require . . . nothing!" That is, it seems like there might have been a good faith expectation by the partially-owned-by-a-person-insufficiently-supportive-of-gay-marriage hotel that some of the planned events would be held at each of the hotels. And in California of course, memories of conversations utterly at variance with whatever the contract happens to say are admissible under Justice Traynor's doctrine of the more the merrier.
I am happy, however, to see the AALS is taking a principled stand on this issue, though I am sorry I am not clever enough to discern exactly what principle is being stood up for. First come, first serve perhaps, which is certainly a principle many of us live by, if only because we have to.
UPDATE Dan Rodriguez notes here that Doug Manchester owns both the Hyatt and the Marriott in San Diego. Does anybody know if he owns more of one hotel than the other? The law of irony would suggest that the boycott will direct right (i.e. left) thinking law professors to check in at the hotel that is more thoroughly owned by Mr. Manchester. This assures that Manchester will go from being indifferent to the boycott, to being really, really indifferent. It also shows once again the wisdom of the adage -- beware when you are about to do something stupid, lest it prove stupider than you think.