ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

Friday, May 24, 2013

New In Print (Bonus Edition)

In keeping with our Boilerplate theme, it seemed timely to notify our readers of this recent publication:


James Gibson, Vertical Boilerplate, 70 Wash. & Lee L. Rev. 161 (2013).

Here is the author's summary:

The article’s main contribution is an empirical study of the total number and volume of boilerplate contracts to which a consumer becomes bound in the course of purchasing a computer from a major vendor.  The answer: an average of twenty-five different contracts, comprising almost as many words as a Harry Potter novel.  (And nine out of every ten of those boilerplate terms arrived late in the transaction, long after the seller had been paid.)  I situate these figures within the scholarly literature on consumer contracts and information costs, and I conclude with some suggestions about how to address those costs in the boilerplate context.

In addition, NYU Law's Clayton Gillette was good enough to alert us of this symposium issue of the NYU Law Review, chock full of articles that our readers will find of interest.  Contributions include:

Stephen J. Choi, Mitu Gulati & Eric A. Posner, The Dynamics of Contract Evolution, 88 NYU L. Rev. 1 (2013)

Albert Choi & George Triantis, Market Conditions and Contract Design: Variations in Debt Contracting, 88 NYU L. Rev. 51 (2013)

Kevin E. Davis,Contracts as Technology, 88 NYU L. Rev. 83 (2013)

Clayton P. Gillette, Tacit Agreement and Relationship-Specific Investmenti, 88 NYU L. Rev. 128 (2013)

Ronald J. Gilson, Charles F. Sabel & Robert E. Scott, Contract and Innovation: The Limited Role of Generalist Courts in the Evolution of Novel Contractual Forms, 88 NYU L. Rev. 170 (2013)

Edward M. Iacobucci, Innovation and the Organizational Contract: Lessons from Income Trusts, 88 NYU L. Rev. 216 (2013)

Florencia Marotta-Wurgler & Robert Taylor, Set in Stone? Change and INnovation in Consumer Standard-Form Contracts, 88 NYU L. Rev. 240 (2013)


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