Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Coping With The Death Of The Bargain Without Burying The Spirit Of The Law: A “Foundational” Approach To Comparative Law And Its Application To Adhesion Contracts In Louisiana, Parker Smith May 2016

Coping With The Death Of The Bargain Without Burying The Spirit Of The Law: A “Foundational” Approach To Comparative Law And Its Application To Adhesion Contracts In Louisiana, Parker Smith

Louisiana Law Review

No abstract provided.


Mass Arbitration And Democratic Legitimacy, David Horton Jan 2014

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 …


Reasonable Expectations: Seeking A Principled Application, William A. Mayhew Jan 2013

Reasonable Expectations: Seeking A Principled Application, William A. Mayhew

Pepperdine Law Review

No abstract provided.


Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich Jan 2011

Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich

Journal of Dispute Resolution

The immediate effect of the holding was to allow a group of corporate defendants to use their superior bargaining position in the contracting process to effectively shield themselves from liability. Although Stolt-Nielsen involved business entities, the case also has implications in the consumer context. If the Court were to extend the reasoning of the case to disputes involving adhesion contracts, corporations would enjoy this immunity in the context of consumer disputes. Far from a hypothetical exercise in the reaches of Supreme Court jurisprudence, the Court is expected to decide this very issue during the 2010 term. In light of these …


Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff Jul 2010

Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff

Journal of Dispute Resolution

Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its passage in 1925, and the distinctions made by the drafters and the courts. Part III addresses a number of the common themes and limitations raised by cases applying the FAA, including the ability to protect statutory rights, the right to contract and have courts enforce contractual obligations, the need to protect consumers subject to mandatory arbitration clauses, and the need for finality in arbitration. Part IV reviews recent legislative and Supreme Court decisions considering issues regarding sophisticated and unsophisticated parties …


One-Sided Contracts In Competitive Consumer Markets, Lucian A. Bebchuk, Richard A. Posner Mar 2006

One-Sided Contracts In Competitive Consumer Markets, Lucian A. Bebchuk, Richard A. Posner

Michigan Law Review

The usual assumption in economic analysis of law is that in a competitive market without informational asymmetries, the terms of contracts between sellers and buyers will be optimal-that is, that any deviation from these terms would impose expected costs on one party that exceed benefits to the other. But could there be cases in which "one-sided" contracts containing terms that impose a greater expected cost on one side than benefit on the other-would be found in competitive markets even in the absence of fraud, prohibitive information costs, or other market imperfections? That is the possibility we explore in this Article.


An Analysis Of Change-Of-Terms Provisions As Used In Consumer Service Contracts Of Adhesion, Eric Andrew Horwitz Jan 2006

An Analysis Of Change-Of-Terms Provisions As Used In Consumer Service Contracts Of Adhesion, Eric Andrew Horwitz

University of Miami Business Law Review

No abstract provided.


Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes Nov 2005

Rediscovering Subjectivity In Contracts: Adhesion And Unconscionability, Richard L. Barnes

Louisiana Law Review

No abstract provided.


Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser Dec 2004

Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser

Chicago-Kent Law Review

The Federal Circuit has been widely criticized for unrelenting formalism. Perhaps because Congress charged the court with establishing national uniformity in areas of the law where uniformity was lacking, the Federal Circuit has often expressed a significant preference for bright-line rules. According to many critics, this preference has come at the expense of fairness. In two relatively recent decisions, the Federal Circuit has expanded its formalism into the area of contracts of adhesion, a topic it had not had the opportunity to consider before. This Note examines those two decisions, the formalistic approach taken by the Federal Circuit, and the …


Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow Jul 2002

Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.


In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher Jul 2002

In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher

University of Miami Law Review

No abstract provided.


Consent Revisited: Offer Acceptance Option Right Of First Refusal And Contracts Of Adhesion In The Revision Of The Louisiana Law Of Obligations, Saul Litvinoff Mar 1987

Consent Revisited: Offer Acceptance Option Right Of First Refusal And Contracts Of Adhesion In The Revision Of The Louisiana Law Of Obligations, Saul Litvinoff

Louisiana Law Review

No abstract provided.


Contracts Of Adhesion Under The Louisiana Civil Code, Ronald L. Hersbergen Sep 1982

Contracts Of Adhesion Under The Louisiana Civil Code, Ronald L. Hersbergen

Louisiana Law Review

No abstract provided.