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Full-Text Articles in Law
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Redefining Offer In Contract Law, Daniel P. O'Gorman
Redefining Offer In Contract Law, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Faculty Publications
This Article is part of my larger project exploring what I call "contracting culture," which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators' relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd Zywicki
Institutions, Incentives, And Consumer Bankruptcy Reform, Todd Zywicki
George Mason University School of Law Working Papers Series
Consumer bankruptcy filing rates have soared during the past 25 years. From 225,000 filings in 1979, consumer bankruptcies topped 1.5 million during 2004. This relentless upward trend is striking in light of the generally high prosperity, low interest rates, and low unemployment during that period. This anomaly of ever-upward bankruptcy filing rates during a period of economic prosperity had spurred calls to reform the Bankruptcy Code to place new conditions on bankruptcy relief. Although bankruptcy reform has drawn broad bipartisan support on Capitol Hill, these proposals have proven controversial within the academy. Critics have argued that these reforms are unnecessary …