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Boilerplate Margaret Jane Radin

Boilerplate By Margaret Jane Radin

Boilerplate by Margaret Jane Radin


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Summary

Boilerplate - the fine-print terms and conditions that we become subject to when we click I agree online or enter an employment contract - pervades all aspects of our modern lives. The author argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses.

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Boilerplate Summary

Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law by Margaret Jane Radin

Boilerplate--the fine-print terms and conditions that we become subject to when we click I agree online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Boilerplate Reviews

Winner of the 2014 Scribes Book Award, The American Society of Legal Writers [Radin] has given us a sophisticated and thought-provoking treatment of the boilerplate contracts that everyone signs yet few read or understand.--Robert F. Nagel, Wall Street Journal Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers.--Glenn C. Altschuler, Huffington Post Boilerplate is exemplary scholarship: lucid, jargon-free, and focused on solving problems as well as identifying them. It's a model of the 'process,' inside-the-system track for social change.--Michael Stern, American Lawyer Boilerplate is a book from which all readers could benefit, whether or not they ultimately agree with every one of the author's analyses and conclusions.--Brian H. Bix, Tulsa Law Review One of the things I like so much about Boilerplate is that it clarifies just how deep and pervasive this problem is for modern contract theory as a whole. By casting doubt on one of the most common starting points in modern contract theory, Radin in effect forces us to reflect on the basic object of the inquiry. She thereby challenges us to produce either better theories or a better world, and to do so based on the facts rather than fanciful pictures of the market.--Robin Bradley Kar Jot, Illinois Public Law and Legal Theory Research Papers Series

About Margaret Jane Radin

Margaret Jane Radin is the Henry King Ransom Professor of Law at the University of Michigan and the William Benjamin Scott and Luna M. Scott Professor of Law, emerita, at Stanford University. Radin is the author of Reinterpreting Property and Contested Commodities.

Table of Contents

Acknowledgments ix Prologue: World A (Agreement) and World B (Boilerplate) xiii Part I. Boilerplate, Consumers' Rights,and the Rule of Law 1 * Chapter 1 An Overview of Worlds A and B 3 * Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19 * Chapter 3 Democratic Degradation: Replacing the Law of the State with the Law of the Firm 33 Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53 * Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55 * Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82 * Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99 Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121 * Chapter 7 Evaluating Current Judicial Oversight 123 * Chapter 8 Can Current Oversight Be Improved? 143 * Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154 Part IV. Escaping Contract: Other Remedial Possibilities 187 * Chapter 10 Private Reform Ideas: Possible Market Solutions 189 * Chapter 11 Reconceptualizing (Some) Boilerplate under Tort Law 197 * Chapter 12 Public and Hybrid Regulatory Solutions 217 Afterword: What's Next for Boilerplate? 243 Notes 249 Index 313

Additional information

CIN069115533XG
9780691155333
069115533X
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law by Margaret Jane Radin
Used - Good
Hardback
Princeton University Press
20121125
360
Winner of American Society for Writers on Legal Subjects Scribes Book Award 2014
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Boilerplate