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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
Louisiana Law Review
No abstract provided.
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 …
Reasonable Expectations: Seeking A Principled Application, William A. Mayhew
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
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
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
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
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
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
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
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
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
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
Contracts Of Adhesion Under The Louisiana Civil Code, Ronald L. Hersbergen
Louisiana Law Review
No abstract provided.