Contract Law
Consent and Sensibility
Do consumers truly “consent” to contractual boilerplate?
Contract Law
-
-
Contract Law
Introduction: Pragmatism and Private Law
Like many legal concepts, “private law” has recognizable referents yet eludes precise definition. Private law defines the rights and duties of individuals and private entities as they relate to one…
-
Contract Law
U.S. Bank National Ass’n v. Ibanez
Massachusetts Supreme Judicial Court Unanimously Voids Foreclosure Sales Because Securitization Trusts Could Not Demonstrate Clear Chains of Title to Mortgages.
-
Harvard Law Review Forum
Response
Responding to Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, 120 Harv. L. Rev. 1813 (2007)
-
Harvard Law Review Forum
What’s Morality Got To Do With It?
Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise, 120 Harv. L. Rev. 708 (2007)
-
Harvard Law Review Forum
The Convergence of Contract and Promise
Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise, 120 Harv. L. Rev. 708 (2007)
-
Harvard Law Review Forum
Contract and Promise
Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise, 120 Harv. L. Rev. 708 (2007)
-
Contract Law
On Enforcing Viral Terms
-
Constitutional Theory
Trimming
In law and politics, some people are trimmers. They attend carefully to competing positions and attempt to steer between the poles. Trimming might be defended as a heuristic for what…
-
Administrative Law
Our Schmittian Administrative Law
Our administrative law contains, built right into its structure, a series of legal “black holes” and “grey holes” – domains in which statutes, judicial decisions, and institutional practice either explicitly…