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.
Here’s why you need an E&E to help you study throughout the semester:Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic.
The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Features:Exposing you to the types of questions your professor will ask on the exam, Siegel’s will prove valuable in the days or weeks leading up to your final.A great number of questions at the appropriate level of difficulty—20 to 30 essay Q&As and 90 to 100 multiple-choice Q&As—provide opportunity for you to practice spotting issues as you apply your knowledge of the law. Essay questions give you solid practice writing concise essay answers, and the model answers allow you to check your work. An entire chapter is devoted to preparing for essay exams.In checking your answers to multiple-choice questions, you can figure out where you may have erred: Answers explain why one choice is correct and the other choices are wrong. To help you learn to make the most of your study time, the introductory chapter gives instruction, advice, and tips for preparing for and taking essay exams .The table of contents helps you prepare for exams by clearly outlining the topics tested in each Essay question. In addition, you can locate questions covering topics you’re having difficulty with by checking the index. Revised by law school professors, the Siegel’s Series is updated on a regular basis.