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Articles 1 - 9 of 9
Full-Text Articles in Contracts
Contract Creep, Tal Kastner, Ethan J. Leib
Contract Creep, Tal Kastner, Ethan J. Leib
Scholarly Works
Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
"I'M Just Some Guy": Positing And Leveraging Legal Subjects In Consumer Contracts And The Global Market, Tal Kastner
Indiana Journal of Global Legal Studies
This article considers how legal frameworks shape the autonomous subject in a global economy. It makes salient the ways that different legal frameworks presume and enforce a particular subjectivity by positing certain behavioral expectations of various subjects. It does so through a focus on the underexplored rhetoric and implicit narratives of consumer contract law and transactional practice in the American and European regimes. By comparing the approach of the European Union to consumer contract, which posits the consumer as facing significant constraints on agency, to that in the United States, which elides functional limits of consumer knowledge and choice, this …
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post
Touro Law Review
No abstract provided.
Preface To The Gateway Thread, Deborah Post
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh
Touro Law Review
No abstract provided.
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel
Touro Law Review
No abstract provided.
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon
Touro Law Review
No abstract provided.
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley
Touro Law Review
No abstract provided.
The Reunification Of Contract: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson
The Reunification Of Contract: The Objective Theory Of Consumer Form Contracts, Michael I. Meyerson
All Faculty Scholarship
Despite the ubiquitousness of standard form contracts in the world of consumer transactions, there is no consensus as to how these contracts ought to be constructed. Some courts continue to treat form contracts as if they were classically negotiated contracts. Others attempt in a variety of ways to factor in the reality that consumers entering into these contracts are not able to negotiate the terms and almost always sign these documents, which are presented on a take-it-or-leave-it basis, without reading them. This article posits that the cause of this continued confusion over form contracts is due to a basic failure …