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About this product
- Author(s)Margaret Jane Radin
- PublisherPrinceton University Press
- Date of Publication03/11/2014
- GenreNational Law: Professional
- Place of PublicationNew Jersey
- Country of PublicationUnited States
- ImprintPrinceton University Press
- Content Note12 halftones. 4 line illus.
- Weight539 g
- Width152 mm
- Height235 mm
- Table Of ContentsAcknowledgments ix Prologue: World A (Agreement) and World B (Boilerplate) xiii Part I. Boilerplate, Consumers' Rights,and the Rule of Law 1 * Chapter 1 An Overview of Worlds A and B 3 * Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19 * Chapter 3 Democratic Degradation: Replacing the Law of the State with the Law of the Firm 33 Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53 * Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55 * Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82 * Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99 Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121 * Chapter 7 Evaluating Current Judicial Oversight 123 * Chapter 8 Can Current Oversight Be Improved? 143 * Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154 Part IV. Escaping Contract: Other Remedial Possibilities 187 * Chapter 10 Private Reform Ideas: Possible Market Solutions 189 * Chapter 11 Reconceptualizing (Some) Boilerplate under Tort Law 197 * Chapter 12 Public and Hybrid Regulatory Solutions 217 Afterword: What's Next for Boilerplate? 243 Notes 249 Index 313
- Author BiographyMargaret Jane Radin is the Henry King Ransom Professor of Law at the University of Michigan and the William Benjamin Scott and Luna M. Scott Professor of Law, emerita, at Stanford University. Radin is the author of Reinterpreting Property and Contested Commodities.
- PrizesWinner of Scribes Book Award, The American Society of Legal Writers 2014.
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