April 27, 2005
Recent Law Review Articles of Interest
Interesting discussion of entrance and exit issues surrounding agreements to arbitrate. “One Judge’s Perspective on Procedure as Contract” Lee Rosenthal, 80 Notre Dame Law Review 669-80.
A review of how the House of Lords’ recent cases on mistake have narrowed this legal option. “Is Mistake Dead in Contract Law?”, Desmond Greenwood, 34 Hong Kong Law Journal 495-513.
“Plausible Rogues: Contract and Property, D.L. Carey Miller, 9 Edinburgh Law Review 150-6
“Protecting and Licensing Software: Copyright and Common Law Contract Considerations,” Lateef Mtima, 22 Computer & Internet Lawyer 13-23.
Studies how inequality of bargaining power means far more than economic disparity and why courts should look at power from the real world perspective of it.
“Inequality in Bargaining Power,” Daniel Barnhizer, 76 University of Colorado Law Review 139-241.
A theoretical discussion on Freedom from and in contract. One of several good articles in this edition of the Wisconsin Law Review.
“Is ‘Freedom from Contract’ Necessarily a Libertarian Freedom?” Todd Rakoff, 2004 Wisconsin Law Review 477.
“’Agreeing to Disagree’ Filling Gaps in Deliberately Incomplete Contracts, Omri Ben-Shahar, 2004 Wisconsin Law Review 389-428.
Let’s try it again.
“The Death of Contract,” Robert Scott, 54 University of Toronto Law Journal 369-90.
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