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Full-Text Articles in Rhetoric
Interpretation And Construction In Altering Rules, Gregory Klass
Interpretation And Construction In Altering Rules, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …
Narrating The New South, Edward L. Ayers
Narrating The New South, Edward L. Ayers
History Faculty Publications
My book, The Promise of the New South, was intended as something of an experiment with narrative. While some reviewers thought the experiment worked well enough, others disagreed. In the eyes of such critics, my book was underdeveloped and noncommittal, refusing to say what it really meant and refusing to cast itself as an alternative to other interpretation. " Given these criticisms, I thought that perhaps a word of explanation would be useful, describing the intentions, if not necessarily the accomplishments, of Promise.