‘Contracting for Procedure Redux’

“Legal scholars often are criticized for devoting hundreds of pages to theorizing about mountains that turn out to be molehills when examined in the light of data drawn from practice. Scholarship at the intersection of contracts and civil procedure, to which we have contributed, has been accused of falling into that trap. Six years ago, we published a law review article on a phenomenon called ‘contracting for procedure’ …” (more)

[Kevin E Davis and Helen Hershkoff, Harvard Law Review Blog, 30 November]

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