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Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Margaret Jane Radin

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.001.0001
Subject:
Law, Company and Commercial Law

Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our ... More


Democratic Degradation: Replacing the Law of the State with the “Law” of the Firm

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0003
Subject:
Law, Company and Commercial Law

This chapter focuses on the democratic degradation that may be caused by the apparent replacement of the law of the state with the “law” of the firm when boilerplate is deployed in mass markets. It ... More


Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights?

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0005
Subject:
Law, Company and Commercial Law

This chapter examines whether autonomy theory (agreement, consent) can justify boilerplate rights deletion schemes. It first considers strategies for assimilating World B to consent by focusing on ... More


Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights?

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0006
Subject:
Law, Company and Commercial Law

This chapter examines whether boilerplate rights deletion schemes can be justified by the “contract-as-product” theory. The contract-as-product theory attempts to sidestep the issue of consent by ... More


Evaluating Current Judicial Oversight

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0007
Subject:
Law, Company and Commercial Law

This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the ... More


Can Current Oversight Be Improved?

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0008
Subject:
Law, Company and Commercial Law

This chapter examines whether the standard judicial oversight of contract law could be improved to do a better job of alleviating normative and democratic degradation. It first considers whether ... More


An Overview of Worlds A and B

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0001
Subject:
Law, Company and Commercial Law

This book examines standardized form contracts, also known as boilerplate. In the past, “contract” was interpreted as a bargained-for exchange transaction between two parties who each consent to the ... More


Normative Degradation: Deleting Rights without Consent in the Name of Contract

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0002
Subject:
Law, Company and Commercial Law

This chapter examines the normative degradation caused by the apparent lack of consent to boilerplate. It first considers the varieties of nonconsent to which consent is contrasted, including ... More


A Summary of the Philosophy of Contract: The Theories of World A

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the main streams of contract philosophy in order to elucidate the extent to which boilerplate is a permissible means of creating contractual obligation. In particular, it ... More


Improving Evaluation of Boilerplate: A Proposed Analytical Framework

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0009
Subject:
Law, Company and Commercial Law

This chapter proposes an analytical framework for improving the evaluation of boilerplate. It begins with a discussion of questions for evaluating boilerplate rights deletion schemes; for example, ... More


“Private” Reform Ideas: Possible Market Solutions

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0010
Subject:
Law, Company and Commercial Law

This chapter considers “private” reform ideas or market solutions for improving the normative and democratic acceptability of boilerplate terms. It begins with a discussion of one potentially ... More


Reconceptualizing (Some) Boilerplate under Tort Law

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0011
Subject:
Law, Company and Commercial Law

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ... More


“Public” and Hybrid Regulatory Solutions

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0012
Subject:
Law, Company and Commercial Law

This chapter considers “public” and hybrid regulatory solutions for boilerplate. It first examines the U.S. preference for private, market solutions, with particular emphasis on its tendency to ... More


Neuroscience and Contract Law Doctrine

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0006
Subject:
Law, Philosophy of Law

Chapter Six aims to establish ways in which neuroscientific findings can and should better inform the contract doctrine; specifically, it considers challenges to the doctrine of consent. This chapter ... More


Boilerplate

Nathan B. Oman

in The Dignity of Commerce: Markets and the Moral Foundations of Contract Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226415529
eISBN:
9780226415666
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226415666.003.0007
Subject:
Law, Philosophy of Law

Preprinted contracts offered on a take-it-or-leave-it basis and signed unread are a ubiquitous feature of modern life. The enforcement of such boilerplate agreements has been widely criticized by ... More


An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0012
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers. A great ... More


Boilerplate: A Threat to the Rule of Law?

Margaret Jane Radin

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0014
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

In today’s USA, transactions between firms and consumers (or businesses in the position of consumers) routinely contain fine-print terms deleting rights to legal remedies against the firm. Remedial ... More


Form Contracts

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0037
Subject:
Law, Company and Commercial Law

Chapter 37 concerns form contracts. That term refers to a writing that is in the form of a contract (hence the name), some of whose terms were negotiated or at least discussed by the parties, but ... More


The Fiduciary State and Private Ordering

Margaret Jane Radin

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0014
Subject:
Law, Company and Commercial Law

By allowing firms to foreclose access to the courts and legal remedies through boilerplate rights deletions, the American legal system is failing civil society, and its legal institutions are ... More


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