Black Monday

In the National Football League, Black Monday is the first Monday after the regular season ends. It is the day many head coaches are fired. An Associated Press headline of December 29, 1998, read: “NFL coaches face ‘Black Monday’ with five fired.”

Long service does not protect a coach. In 2024 the New England Patriots parted with Bill Belichick after 24 seasons.

The DARPA Grand Challenge

On March 13, 2004, 15 driverless vehicles set off across the desert to compete for a $1 million prize from the Defense Advanced Research Projects Agency. None finished. The best vehicle covered only 7.5 miles, and the prize was not paid.

In 2005 the challenge was held again. Stanford University’s vehicle Stanley finished in 6 hours and 53 minutes and won $2 million.

The Orteig Prize

On May 22, 1919, the New York hotel owner Raymond Orteig offered $25,000 to the first aviator from an Allied country to fly nonstop between New York and Paris.

Several crews tried and failed. Noel Davis and Stanton Wooster were killed in a test crash in April 1927. Charles Nungesser and François Coli disappeared over the Atlantic in May 1927. Charles Lindbergh landed in Paris on May 21, 1927, and received the prize on June 16, 1927.

Pay for Success at Rikers Island

In 2012 New York City started a program for 16- to 18-year-olds at the Rikers Island jail. It was paid for with a social impact bond. Goldman Sachs invested $7.2 million and would be repaid only if reoffending fell by 8.5 percent.

In 2015 the evaluation found that the program had no effect on reoffending. The program ended. Goldman Sachs lost $1.2 million, after a guarantee from Bloomberg Philanthropies, and the city repaid nothing.

The Santa Monica Freeway

The Northridge earthquake of 1994 brought down sections of the Santa Monica Freeway in Los Angeles. The rebuilding contract gave the contractor, C. C. Myers, 140 days, and a bonus of $200,000 for each day the bridge opened before the deadline.

Myers finished in 66 days, 74 days ahead of schedule. The bonus came to about $14.8 million. Some reports gave $14.5 million.

Paid for Patients Who Stay Home

Since October 1, 2012, Medicare has paid American hospitals less when too many patients return within 30 days. The Hospital Readmissions Reduction Program measures conditions such as heart attack, heart failure, pneumonia and hip or knee replacement. The payment reduction is capped at 3 percent.

A study in JAMA in 2018 found that the program was associated with an increase in deaths within 30 days of discharge for heart failure and pneumonia. The authors said further research was needed to tell whether the program caused the increase.

The Perfect Tender Rule

Under the Uniform Commercial Code, adopted in American state law, a buyer may refuse a delivery that does not match the contract. If the goods “fail in any respect to conform to the contract,” the buyer may reject the whole delivery, accept the whole delivery, or accept some commercial units and reject the rest.

Lawyers call this the perfect tender rule. In practice it is limited by other rules, for example for deliveries in installments and for limits on remedies written into the contract.

Results, Not Hours

The Federal Acquisition Regulation tells U.S. government buyers how to describe the services they purchase. They should state “the required results rather than either ‘how’ the work is to be accomplished or the number of hours to be provided.”

Such contracts must include “Measurable performance standards (i.e., in terms of quality, timeliness, quantity, etc.),” a method for “assessing contractor performance against performance standards,” and “Performance incentives where appropriate.”

The Contingency Fee

Under the American Bar Association’s Model Rules, “A fee may be contingent on the outcome of the matter for which the service is rendered.” The lawyer is paid a percentage of what the client recovers. If nothing is recovered, the lawyer receives no fee.

The terms must be fixed in advance. The agreement must be “in a writing signed by the client” and must state the percentages for “settlement, trial or appeal.” At the end, the lawyer gives the client “a written statement stating the outcome of the matter.”

The client may still owe the expenses of a lost case. The agreement must say so clearly.

The Vocabulary of Billing

The meter is running. — Time is being charged, and waiting costs money.

Can I get an itemized bill? — A request to see every charge on its own line.

Separate checks? — A restaurant server asks whether each person will pay for what they ordered.

Nickel-and-dime. — To add small charges until they become a large one.

No hidden fees. — A promise in advertising. It works because hidden fees are expected.

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