Tag Archives: Contracts

Public Responsibilities Beyond Consent: Rethinking Contract Theory

This Article argues for a vital new pathway to the regulation of contracts in American law. It proposes a theory of public responsibility to safeguard public values that are unprotected by the reciprocal consent of private parties to contract. Challenging … Continue reading

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He Who Comes into Court Must Not Come with Green Hands: The Marijuana Industry’s Ongoing Struggle with The Illegality and Unclean Hands Doctrines

Imagine a hardworking marijuana dispensary owner, Mary Jane. Mary operates her marijuana business legally under the laws of her state. Mary contracts with James Chong for ten pounds of marijuana and pays the amount due, $45,000, in full and up … Continue reading

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Contracting in the Age of the Internet of Things: Article 2 of the UCC and Beyond

This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon’s Dash Replenishment Service, which allows household devices to automatically … Continue reading

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Contracts Meet Henry Ford

It takes less than twenty-four hours to assemble a car. We all know about automobile assembly lines, so this fact comes as no surprise. Why then are we aghast to hear that a complex contract can be produced in “three … Continue reading

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The Crisis Exposed by Pari Passu

To this practitioner, The Three and a Half Minute Transaction by Mitu Gulati and Robert E. Scott describes a “crisis” in the Chinese sense of a situation that presents a danger and an opportunity. The danger is that the clients’ … Continue reading

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