Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Contracts (16)
- Law and Economics (14)
- Constitutional Law (8)
- Consumer Protection Law (8)
- State and Local Government Law (7)
-
- Law Enforcement and Corrections (6)
- Law and Society (6)
- Civil Rights and Discrimination (5)
- Courts (5)
- Criminal Procedure (5)
- Jurisprudence (5)
- Law and Philosophy (5)
- Legal Writing and Research (5)
- Business Organizations Law (4)
- Criminal Law (4)
- Evidence (4)
- Labor and Employment Law (4)
- Property Law and Real Estate (4)
- Antitrust and Trade Regulation (3)
- Commercial Law (3)
- Insurance Law (3)
- Intellectual Property Law (3)
- Law and Race (3)
- Legal Education (3)
- Legal History (3)
- Securities Law (3)
- Sexuality and the Law (3)
- Administrative Law (2)
- Food and Drug Law (2)
- Keyword
-
- Book reviews (15)
- Boilerplate: Foundations of Market Contracts Symposium (13)
- Consumers (6)
- Federal government (4)
- Incentives (4)
-
- Punishment (4)
- Risk (4)
- Criminal justice policy (3)
- Empirical research (3)
- Ethics (3)
- Incarceration (3)
- Interpretation (3)
- Jurisdictions (3)
- Law reform (3)
- Political economy (3)
- Sentencing (3)
- Standardized terms (3)
- State competition (3)
- Teichman (Doron) (3)
- 19th century (2)
- Anticompetition (2)
- Bargaining (2)
- Bendectin (2)
- Cause of action (2)
- Choice limitations (2)
- Communication (2)
- Consent (2)
- Context (2)
- Credit cards (2)
- Daubert v. Merrell Dow Pharmaceuticals (2)
Articles 61 - 68 of 68
Full-Text Articles in Entire DC Network
The Strategy Of Boilerplate, Robert B. Ahdieh
The Strategy Of Boilerplate, Robert B. Ahdieh
Michigan Law Review
That boilerplate is pervasive is hardly surprising. In a variety of ways, standardized terms in day-to-day contracts serve an essential cost-saving function. By this measure, one might expect less frequent reliance on boilerplate in high-value contracts among sophisticated parties. Yet standard terms would appear to be no less widespread in contracts among the sophisticated. Notwithstanding their representation by able counsel, charged to craft comprehensive and detailed, but also particularized, contracts, such parties will commonly conclude agreements comprised heavily of traditional terms--contracting norms of a sort-rather than terms tailored to the distinct features of their particular bargain. Examples of seemingly suboptimal …
Daedalean Tinkering, Sean J. Griffith
Daedalean Tinkering, Sean J. Griffith
Michigan Law Review
Part I of this Review describes Skeel's account of corporate scandal, focusing on the central theme of excessive risk-taking. Part II examines Skeel's most original policy proposal-the creation of an investor insurance scheme to protect against excessive risk. Although the proposal takes up only a few pages of the book, it targets the books' core concern-the risk of corporate fraud. In evaluating the proposed investor insurance regime, this Review raises a set of objections based on cost and administrability and argues that an insurance regime would be duplicative of existing mechanisms that effectively spread the risk of financial fraud. Part …
Evolving Objective Standards: A Developmental Approach To Constitutional Review Of Morals Legislation, Christian J. Grostic
Evolving Objective Standards: A Developmental Approach To Constitutional Review Of Morals Legislation, Christian J. Grostic
Michigan Law Review
This Note argues that the Supreme Court's recent jurisprudence regarding morals legislation mirrors the findings of empirical research on moral and psychological development. Specifically, the Supreme Court upholds morals legislation only if it is justified by stage five reasoning. Part I examines significant Supreme Court cases related to morals legislation over the last 50 years and argues that the Supreme Court has consistently upheld morals legislation that is justified by stage five reasoning, while consistently striking down as unconstitutional morals legislation that is not. Part II argues that a developmental approach to constitutional review of morals legislation, while consistent with …
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Michigan Law Review
This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These "race-nuisance" cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly eschewed the rule of law in service of white supremacy. Instead, the cases provide rich social historical detail showing southern judges wrestling with their competing allegiances to both precedent and the pursuit of racial exclusivity. Surprisingly, the allegiance to precedent generally prevailed. The cases confound prevailing …