The duty to read the unreadable

U Benoliel, SI Becher - BCL Rev., 2019 - HeinOnline
The duty to read doctrine is a well-recognized building block of US contract law. This
doctrine holds contracting parties responsible for the written terms of their contracts, whether …

Murky consent: an approach to the fictions of consent in privacy law

DJ Solove - BUL Rev., 2024 - HeinOnline
Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said,
consent works" moral magic" it transforms things that would be illegal and immoral into …

Hushing contracts

DA Hoffman, E Lampmann - Wash. UL Rev., 2019 - HeinOnline
The last few years have brought a renewed appreciation of the costs of nondisclosure
agreements that suppress information about sexual wrongdoing. Recently passed bills in a …

Defeating the empire of forms

DA Hoffman - Virginia Law Review, 2023 - JSTOR
Contract's empire of forms, on a generations-long march, continues to conquer new territory.
Not content with dominating the worlds of commercial law and finance, written contracts now …

The tethered economy

CJ Hoofnagle, A Kesari, A Perzanowski - Geo. Wash. L. Rev., 2019 - HeinOnline
Imagine a future in which every purchase decision is as complex as choosing a mobile
phone. What will ongoing service cost? Is it compatible with other devices you use? Can you …

Contracts in the age of smart readers

YA Arbel, SI Becher - Geo. Wash. L. Rev., 2022 - HeinOnline
What does it mean to have machines that can read, explain, and evaluate contracts? Recent
advances in machine learning have led to a fundamental breakthrough in machine …

Fiduciary boilerplate: Locating fiduciary relationships in information age consumer transactions

LH Scholz - J. Corp. L., 2020 - HeinOnline
Many consumer-firm relationships in the information age have come to resemble fiduciary
relationships, yet American law has failed to recognize this new reality, leaving the …

The case for establishing a collective perspective to address the harms of platform personalization

A Gordon-Tapiero, A Wood, K Ligett - Proceedings of the 2022 …, 2022 - dl.acm.org
Personalization on digital platforms drives a broad range of harms, including misinformation,
manipulation, social polarization, subversion of autonomy, and discrimination. In recent …

The New Bailments

D D'Onfro - Wash. L. Rev., 2022 - HeinOnline
The rise of cloud computing has dramatically changed how consumers and firms store their
belongings. Property that owners once managed directly now exists primarily on …

Contractual Inequality

M Padi - Mich. L. Rev., 2021 - HeinOnline
Standard form contracts impose equality in contract terms across transactions. 1 All
mortgage instruments, for instance, borrow their terms from the same federally drafted forms …