In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from …
K Tobia - The University of Chicago Law Review, 2022 - JSTOR
" Experimental jurisprudence" draws on empirical methods to inform questions typically associated with jurisprudence and legal theory. Scholars in this flourishing movement …
For generations, contract scholars have waged a faint-hearted campaign against form contracts. It's widely believed that adhesive forms are unread and chock-full of terms that …
D Markovits, A Schwartz - Va. L. Rev., 2011 - HeinOnline
CONTRACT remedies have long sought to protect the gains that parties contract to realize. Although the Restatement recognizes three distinct contractual interests-expectation …
The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be …
After describing the experimental findings, the Article unpacks some of their implications. First, the Article contends that tort law's reasonable person standard both is and should be …
Contracting has never flourished more than it does today. Consumers see a larger number of contracts daily than they used to, with longer terms and under novel conditions.'In an …
Consumer contract theory is myopically focused on the unread fine print.'Because consumers don't read their contracts, 2 firms can make" hidden" terms worse without …