An edition of Boilerplate (2012)

Boilerplate

the fine print, vanishing rights, and the rule of law

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Boilerplate
Margaret Jane Radin
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Last edited by MARC Bot
August 27, 2024 | History
An edition of Boilerplate (2012)

Boilerplate

the fine print, vanishing rights, and the rule of law

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. 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.

Publish Date
Language
English
Pages
339

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Edition Availability
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2014, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: the fine print, vanishing rights, and the rule of law
2012, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2012, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2012, Princeton University Press
in English

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Book Details


Table of Contents

An overview of worlds A and B
Normative degradation : deleting rights without consent in the name of contract
Democratic degradation : replacing the law of the state with the "law" of the firm
A summary of the philosophy of contract : the theories of world a
Can autonomy theory (agreement, consent) justify boilerplate deletion of rights?
Can utilitarian-welfare (economic) theory justify boilerplate deletion of rights?
Evaluating current judicial oversight
Can current oversight be improved?
Improving evaluation of boilerplate : a proposed analytical framework
"Private" reform ideas : possible market solutions
Reconceptualizing (some) boilerplate under tort law
"Public" and hybrid regulatory solutions
Afterword: what's next for boilerplate?.

Edition Notes

Includes index.

Published in
Princeton, N.J

Classifications

Dewey Decimal Class
346.7302/2
Library of Congress
KF808 .R25 2012, KF808 .R25 2013, KF808.R25 2012

The Physical Object

Pagination
p. cm.
Number of pages
339

ID Numbers

Open Library
OL25300020M
ISBN 10
069115533X
ISBN 13
9780691155333
LCCN
2012017290
OCLC/WorldCat
786129976

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Download catalog record: RDF / JSON / OPDS | Wikipedia citation
August 27, 2024 Edited by MARC Bot import existing book
July 26, 2024 Edited by ImportBot import existing book
September 17, 2021 Edited by ImportBot import existing book
October 18, 2020 Edited by MARC Bot import existing book
May 2, 2012 Created by LC Bot Imported from Library of Congress MARC record