Monthly Archives: March, 2013

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IIIA: Nancy Kim on ‘Cell Phone Contracts’

“This is the sixth in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. Today is the first […]

Vanessa Mak, ‘The Myth of the “Empowered Consumer” – Lessons from Financial Literacy Studies’

Abstract: ‘Consumer empowerment’ is a central goal of European consumer law. The empowerment of consumers, e.g. through information disclosure or through education, is used as a means to tackle asymmetries of bargaining power between consumers and businesses. One area in which this policy is prominent is in financial services law relating to consumer credit and […]

Just Published: Leczykiewicz and Weatherill (eds), The Involvement of EU Law in Private Law Relationships

“The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IID: Alan White, ‘The New Law and Economics and the Subprime Mortgage Crisis’

“This is the fifth in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. This post is the […]

Donald Smythe, ‘Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms’

Abstract: Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics literature on contract interpretation, but ironically, it does not address whether and how the contract term that is usually of most interest to economists – the contract price – might be used to interpret other ambiguous […]

Dori Kimel, ‘Promise, Contract, Personal Autonomy, and the Freedom to Change One’s Mind’

Abstract: Is it possible that, in a world without promise, people would be just as likely, or perhaps even more likely, to be autonomous? The paper takes issue with a mainstream view in contemporary literature on promise (and, similarly, contract) – a view by which the capacity to promise enhances personal autonomy, and can thus […]

Rebecca Stone, ‘Unconscionability, Exploitation, and Hypocrisy’

Abstract: I argue that under a wide range of conditions it will be difficult for the state to justify non-enforcement of contracts on grounds of unconscionability without making itself vulnerable either to the charge of paternalism or the charge of hypocrisy. On the one hand, the state might take the view that there is something […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IIC: Alan White, ‘The New Law and Economics and the Subprime Mortgage Crisis’

“This is the fourth in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. This post is the […]

Online Symposium on Oren Bar-Gill’s Seduction By Contract, Part IIB: Alan White, ‘The New Law and Economics and the Subprime Mortgage Crisis’

“This is the third in a series of posts on Oren Bar-Gill’s recent book, Seduction by Contract: Law Economics, and Psychology in Consumer Markets. The contributions on the blog are written versions of presentations that were given last month at the Eighth International Conference on Contracts held in Fort Worth, Texas. This post is the […]

Erik Encarnacion, ‘Corrective Justice as Making Amends’

Abstract: Corrective justice theories of tort law claim that tort law’s basic structure must be understood in terms of moral principles of corrective justice. Formulations of these principles vary, but they hold (roughly) that one person who injures another wrongfully has a duty to repair the losses associated with that injury. In the last decade, […]