Arbitration , “pseudo-contract,” and objective theory

“ “In their thoughtful and provocative article, Pseudo-Contract and Shared Meaning Analysis,1×1. 132 HARV. L. REV. 1135 (2019). Professors Robin Bradley Kar and Margaret Jane Radin argue that contract — that is, the presumptively enforceable agreement of the parties — should be limited to the “shared meaning” of the parties, and that the boilerplate surrounding that Read more…

Pseudo-Contract and Shared Meaning Analysis

pseudo-contract and shared meaning analysis

The recent paradigm slip into pseudo-contract raises a complex blend of linguistic, factual, conceptual, practical, normative, and doctrinal problems. Under the mantle of “contract,” the problems of pseudo-contract have remained largely hidden. In this Article we expose these problems and develop a more nuanced and coherent method of analysis — Read more…

E Signatures and the law

E Signatures & the Law

We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles– and often fails– to keep up. An examples of this tension between digital transformation and legal doctrine is the means by which people execute written agreements. Click the link to read more…..