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Articles 1 - 7 of 7
Full-Text Articles in Law
Beyond Discrimination: Market Humiliation And Private Law, Hila Keren
Beyond Discrimination: Market Humiliation And Private Law, Hila Keren
University of Colorado Law Review
Market humiliation is a corrosive relational process to which the law repeatedly fails to respond due to the law’s heavy reliance on the discrimination paradigm. In this process, providers of market resources, from housing and work to goods and services, use their powers to reject or mistreat other market users due to their identities. They thus cause users severe harm and deprive them of dignified participation in the marketplace. The problem has recently reached a peak. The discussion in 303 Creative v. Elenis indicates that the Supreme Court might legitimize market humiliation by granting private providers broad free speech exemptions …
Oppression In American, Islamic, And Jewish Private Law, Rabea Benhalim
Oppression In American, Islamic, And Jewish Private Law, Rabea Benhalim
University of Colorado Law Review
American, Islamic, and Jewish law all limit the enforcement of private law agreements incases of oppression and exploitation. But each system uses a different justification. The common thread among the three legal systems is the opposition from jurists to enforce contracts with a fundamental aspect of oppression. The reasoning for preventing oppression within the law is distinct to each legal system. The American legal system roots the justification in preserving free will and ensuring actual consent to contract. Islamic l provides justifications based on the divine vision for an equitable and just society articulated in the Quran. Jewish law argues …
Short History Of The Choice-Of-Law Clause, John F. Coyle
Short History Of The Choice-Of-Law Clause, John F. Coyle
University of Colorado Law Review
In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In recent years, this doctrine has been the subject of several excellent histories that draw upon judicial opinions, scholarly writings, and legislative enactments to chronicle changing attitudes toward party autonomy over time. A moment's reflection, however, reveals that judges, scholars, and legislatures are not the most important actors in this story. The true protagonists are the contracting parties who write choice-of-law clauses into their agreements, without which there would be no …
Mass Arbitration And Democratic Legitimacy, David Horton
Mass Arbitration And Democratic Legitimacy, David Horton
University of Colorado Law Review
This Article reviews Margaret Jane Radin's dazzling new book, Boilerplate. Radin makes two central claims about the widespread use of adhesion contracts. First, she argues that the heavy saturation of fine print causes "normative degradation," the erosion of contract law's bedrock requirement of consent. Second, and more provocatively, she contends that the lockstep use of standard forms permits private actors to override the public laws and thus causes "democratic degradation." This Article uses developments in consumer and employment arbitration as a proving ground for Radin's democratic degradation thesis. Spurred on by the United States Supreme Court's interpretation of the Federal …
Flipping The Script: Contra Proferentem And Standard Form Contracts, David Horton
Flipping The Script: Contra Proferentem And Standard Form Contracts, David Horton
University of Colorado Law Review
Virtually all modern contracts are standard forms. Although courts have long interpreted ambiguities in such agreements strictly against the drafter, they have struggled to explain why they do so. Under sustained academic fire, states are beginning to abandon the strict against-the-drafter doctrine. Recent cases have even refused to certify class actions on the grounds that a corporate defendant's nonnegotiated, unilaterally-dictated contract is ambiguous and thus cannot be construed without individualized extrinsic evidence. This Article claims that the rejection of the strict against-the-drafter rule stems from confusion about its normative foundation. Judges and commentators have offered three rationales for the doctrine: …
Appellate Review Of A "Strong Basis In Evidence" In Public Contracting Cases, Nicki Herbert
Appellate Review Of A "Strong Basis In Evidence" In Public Contracting Cases, Nicki Herbert
University of Colorado Law Review
In the context of state and local affirmative action programs in public contracting, federal circuit courts have split on the appropriate standard of appellate review of a district court's finding of a "strong basis in evidence, " a finding necessary to uphold the constitutionality of such programs. Using as a backdrop the premise that Rule 52(a) establishes a critical procedural requirement to which federal circuit courts should consistently adhere, the author discusses the history of the "strong basis in evidence" standard, appellate review in the federal court system generally, and the analysis used by federal appellate courts to resolve the …
Inequality Of Bargaining Power, Daniel D. Barnhizer
Inequality Of Bargaining Power, Daniel D. Barnhizer
University of Colorado Law Review
No abstract provided.