Thursday, August 30, 2007
Larry DiMatteo has been busy lately. Though he teaches at the University of Florida’s Warrington College of Business Administration, he writes (as we all know) on legal issues in contract and commercial law. Three recent articles of his crossed our desk a few days ago.
In A Consent Theory of Unconscionability: An Empirical Study of Law in Action, 33 Fla. St. L. Rev. 1067 (2006), he and Bruce Louis Rich take a look at court decisions involving that often-puzzling doctrine. They find some support for the most widely held views of unconscionability’s virtues and vices, and offer a new way of thinking about the doctrine. In A Theory of Interpretation in the Realm of Idealism, 5 DePaul Bus. & Comm’l L.J. 17 (2006), he takes an interesting look at Karl Llewellyn’s model of theory building. And in Penalties as a Rational Response to Bargaining Irrationality, 2006 Mich. St. L. Rev. 883, he looks at one of the most confusing areas of damages law: the distinction between a valid liquidated damages clause and an invalid penalty. Two of the articles don't seem to be available on line, but he probably can get you copies.