About

Wayne Barnes is a legal scholar whose research addresses issues at the intersection of commercial law, consumer protection, and internet law. His work explores the legal implications of confidentiality and non-disparagement clauses in settlement agreements, particularly in the context of online commerce and consumer reviews. Barnes analyzes the impact of the Consumer Review Fairness Act (CRFA) on merchants' ability to regulate consumer reviews, emphasizing the distinction between initial form purchase contracts and settlement agreements. He argues that while the CRFA prohibits merchants from banning consumer reviews in initial contracts, it does not restrict the inclusion of confidentiality or non-disparagement provisions in settlement agreements aimed at resolving disputes fully and finally. His scholarship highlights the importance of such provisions in encouraging settlement, protecting merchants from post-settlement reputational harm, and maintaining the enforceability of dispute resolution mechanisms. Barnes's research contributes to a nuanced understanding of how consumer review regulations interact with contract law and dispute resolution practices in the digital marketplace.

Research topics

• Political Science
• Sociology
• Business
• Law and economics
• Engineering
• Advertising
• Law

Selected publications

• Form Contract Consent and the Doctrinal Ordinariness of Limited Awareness

  SSRN Electronic Journal · 2026-01-01

  preprintOpen access1st authorCorresponding
  PublisherDOI

• CISG (2025 Survey)

  SSRN Electronic Journal · 2026-01-01

  preprintOpen access1st authorCorresponding
  PublisherDOI

• CISG (2025 Survey)

  Texas A&M Law Scholarship (Texas A&M University School of Law) · 2025-11-01

  article1st authorCorresponding

  This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and went into effect in 1988. The CISG governs contracts for the international sale of goods between businesses located in different countries that have ratified the treaty. It has been adopted by 95+ countries, including major trading nations like the United States, China, and most European countries. The CISG governs unless the parties expressly contract otherwise. It governs contract formation, obligations of buyers and sellers, remedies for breach, and passing of risk. It doesn't apply to consumer sales, services contracts, or certain excluded goods like ships or aircraft. This year’s survey includes cases discussing: (1) the applicability of the CISG, (2) the CISG’s preemption of certain tort claims, (3) contract formation, (4) the lack of a formal statute of frauds writing requirement, (5) contract interpretation, (6) conformity of goods, (7) breach of contract, (8) recovery of attorney’s fees, and (9) recovery of prejudgment interest.

  Publisher

• CISG (2024 Survey)

  SSRN Electronic Journal · 2025-01-01

  articleOpen access1st authorCorresponding
  PublisherDOI

• Defending Form Contract Consent

  SSRN Electronic Journal · 2025-01-01

  preprintOpen access1st authorCorresponding
  PublisherDOI

• Shifting Toward Boilerplate Regulation

  SSRN Electronic Journal · 2024

  1st authorCorresponding
  • Business
  • Advertising
  PublisherDOI

• Online Disinhibited Contracts

  SSRN Electronic Journal · 2023

  1st authorCorresponding
  • Business
  PublisherDOI

• Settling the Issue: Including Confidentiality Provisions in Compromise and Settlement of Consumer Disputes After the Consumer Review Fairness Act

  SSRN Electronic Journal · 2022-01-01

  articleOpen access1st authorCorresponding
  PublisherDOI

• The Judicial Admissions Exception to the Statute of Frauds

  SSRN Electronic Journal · 2020-01-01

  articleOpen access1st authorCorresponding
  PublisherDOI

• The Complete Guide to Mechanic's and Materialman's Lien Laws of Texas

  2020

  1st authorCorresponding
  • Political Science
  • Sociology
  • Law

  The Complete Guide to Mechanic's and Materialman's Lien Laws of Texas is a comprehensive single-volume practice tool that covers the entire process of filing, perfecting, and foreclosing liens in a clear step-by-step manner. The Guide is ideal for solo practitioners, small firms, and non-attorneys who work in construction, including contractors, subcontractors, suppliers, developers, and owners. Inside you'll find: • Concise, detailed analysis of lien laws governing both private and public construction projects • In-depth discussion of notice, limitations, and attorney's fees • Full text of a wide range of relevant statutes • More than 30 forms • Complete set of timetables for filing liens and sending required notices.

  Publisher

Frequent coauthors

• Gordon L. Dorn

  4 shared

• G. R. Vela

  University of North Texas

  2 shared

• Sheila M. Hillberry

  Rapid City Regional Hospital

  1 shared

• Sterling W. Steves

  1 shared

• Donald H. Kelly

  1 shared

• Ms.. Angela Laurio

  1 shared

Awards & honors

• 2009-2010 1L (First Year) Professor of the Year, (elected by…
• 2007-2008 Upper-Level Professor of the Year, (elected by stu…
• 2007 Hooding Speaker, Spring 2007 (elected by students)
• 2006-2007 Upper-Level Professor of the Year, (elected by stu…