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Contracts

2015

Selected Works

Contract theory

Articles 1 - 2 of 2

Full-Text Articles in Law

A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen Nov 2015

A Defense Of Judicial Reconstruction Of Contracts, Mark P. Gergen

Mark P. Gergen

No abstract provided.


Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein May 2015

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Wendy Netter Epstein

The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …