Law Commons^™

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.

Technology, Competition, And Values, Frank Pasquale

Faculty Scholarship

Law can advance or retard the distributive effects of innovation and its diffusion in many ways. Certain technologies merit special monitoring because they promote the leveraging of economic advantage into social or cultural advantage without substantially increasing overall social welfare. Others threaten to undermine collective values and perceptions commonly used to evaluate technology. A final category threatens to do both, creating unfair or wasteful competition while blunting our capacity to recognize its morally dubious character.

As new sectors of life become more game-like and competitive, methods of leveling the playing field developed in sports and college admissions might become more …