Contracting Freedom - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contracting Freedom write by Maria L. Quintana. This book was released on 2022-05-10. Contracting Freedom available in PDF, EPUB and Kindle. The first relational study of twentieth-century U.S. guestworker programs from Mexico and the Caribbean, Contracting Freedom explores how 1940s debates over labor programs elided race and empire while further legitimating and extending U.S. domination abroad in the post-World War II era.
The Fall and Rise of Freedom of Contract
The Fall and Rise of Freedom of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Fall and Rise of Freedom of Contract write by F. H. Buckley. This book was released on 1999-08-27. The Fall and Rise of Freedom of Contract available in PDF, EPUB and Kindle. Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Freedom of Contract
Freedom of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Freedom of Contract write by Samuel Williston. This book was released on 1921. Freedom of Contract available in PDF, EPUB and Kindle.
Boilerplate
Boilerplate - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Boilerplate write by Margaret Jane Radin. This book was released on 2014-11-03. Boilerplate available in PDF, EPUB and Kindle. Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
The Limits of Freedom of Contract
The Limits of Freedom of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Limits of Freedom of Contract write by Michael J. Trebilcock. This book was released on 1997-03-25. The Limits of Freedom of Contract available in PDF, EPUB and Kindle. Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
