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 …

National security creep in corporate transactions

KE Eichensehr, C Hwang - Columbia Law Review, 2023 - JSTOR
National security review of corporate transactions has long been a relatively sleepy corner of
regulatory policy. But as governments merge economic and national security, national …

The architecture of contract innovation

M Jennejohn - BCL Rev., 2018 - HeinOnline
Contract law and the formal models of contract economics assume that agreements are fully
customized. On the other hand, recent legal research highlights the role standardized terms …

Nonparty Interests in Contract Law

O Ben-Shahar, DA Hoffman, C Hwang - U. Pa. L. Rev., 2022 - HeinOnline
Contract law is defined by one overarching goal: to advance the contracting parties'
legitimate interests. 1 Courts generally enforce the agreements parties choose to enter and …

Women and M&A

A Afsharipour - UC Irvine L. Rev., 2021 - HeinOnline
2022] WOMEN AND M&A 361 even higher record levels. 1 Large M&A deals are often
transformational events for companies, determining whether a celebrated brand survives …

Deal Structure

C Hwang, M Jennejohn - Nw. UL Rev., 2018 - HeinOnline
Modern commercial contracts-those governing mergers and acquisitions and financial
derivatives, for instance-have become structurally complex and interconnected. Yet contract …

Shadow Governance

Y Nili, C Hwang - California Law Review, 2020 - JSTOR
Corporations have something to say about some of the most important social and economic
issues of our time—and one way they say it is through shadow governance. This Article …

Consent to Intimate Regulation

KT Matsumura - NCL Rev., 2017 - HeinOnline
Consider when, if ever, the following relationships should trigger legal obligations, either
between the partners themselves, or between the partners and the state: Anna and Ben …

Predictive Contracting

S Williams - Colum. Bus. L. Rev., 2019 - HeinOnline
This Article examines how contract drafters can use data on contract outcomes1 to inform
contract design. 2 Building on recent developments in contract data collection and analysis …

Collaborative intent

C Hwang - Virginia Law Review, 2022 - JSTOR
Why do parties—even sophisticated ones—draft contracts that are vague or incomplete?
Many others have tackled this question, but this Article argues that there is an overlooked …