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Full-Text Articles in Law
Modularity In Contracts: Boilerplate And Information Flow, Henry E. Smith
Modularity In Contracts: Boilerplate And Information Flow, Henry E. Smith
Michigan Law Review
Contractual boilerplate is a little like property. Such a statement might seem like a category mistake. After all, contractual boilerplate language is part of contracts, which, unlike property, are freely customizable by the parties. Contracts create rights between those parties, not against the world at large. Nor do people who devise new boilerplate terms usually have intellectual property in the provisions themselves. I will argue that, in an interesting and overlooked way, boilerplate is the first way station on the road from contract to property. In particular, boilerplate, like all legal communication, is the result of striking a trade-off between …
Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter
Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter
Publications
In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into …