Commercial Boilerplate: A Review and Research Agenda

RE Scott, SJ Choi, M Gulati - Annual Review of Law and Social …, 2024 - annualreviews.org
Boilerplate contracts have long fascinated legal scholars. But the focus has been largely on
consumer contracts, with the debate centered on the question of whether take-it-or-leave-it …

A short history of the choice-of-law clause

JF Coyle - U. Colo. L. Rev., 2020 - HeinOnline
When a lawsuit has a connection to more than one jurisdiction, a judge called upon to
resolve the dispute must perform a conflict-of-laws analysis to determine which jurisdiction's …

Stickiness and incomplete contracts

J Nyarko - U. Chi. L. Rev., 2021 - HeinOnline
In the 1990s, Sprint PCS, one of the leading telecommunications companies in the United
States, created a wireless affiliate program. Under the affiliate program, Sprint and its …

An empirical study of dispute resolution clauses in international supply contracts

JF Coyle, CR Drahozal - Vand. J. Transnat'l L., 2019 - HeinOnline
International transactions present unique legal risks. When a contract touches several
different nations, a party may not know where it will be called upon to defend a lawsuit or …

Revising Boilerplate: A Comparison of Private and Public Company Transactions

RE Scott, SJ Choi, M Gulati - Wis. L. Rev., 2020 - HeinOnline
The textbook model of commercial contracts between sophisticated parties holds that terms
are proposed, negotiated and ultimately priced by the parties. Parties reach agreement on …

The Mystery of the Missing Choice-of-Law Clause

JF Coyle - UC Davis L. Rev., 2022 - HeinOnline
Carlton Gunn was angry. Years before, while working as an attorney in Washington, he had
purchased a long-term care insurance policy from Continental Casualty Company (" …

Interpreting contracts without context

JF Coyle, WMC Weidemaier - Am. UL Rev., 2017 - HeinOnline
Contracts always present questions of interpretation. This is nothing new. One of contract
law's most important functions is to resolve interpretive problems created by the use of …

Investigating the contract production process

SJ Choi, M Gulati, RE Scott - Capital Markets Law Journal, 2021 - academic.oup.com
The traditional mode of contract analysis assumes a world in which contracting parties
choose, from among the universe of linguistic formulations, the precise terms that express …

Unlawfully-issued sovereign debt

WMC Weidemaier, M Gulati - Va. J. Int'l L., 2020 - HeinOnline
In 2016, its economy in shambles and looking to defer payment on its debts, the Venezuelan
government of Nicolas Maduro proposed a multibillion dollar debt swap to holders of bonds …

Boilerterms

JF Coyle - Capital Markets Law Journal, 2021 - academic.oup.com
Contracts frequently contain terms that are similar or identical to terms in other agreements
of a similar type. These terms are known as contract boilerplate. 1 Contract boilerplate …