The Freedom Contract

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The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

The Limits of Freedom of Contract

Author : Michael J. Trebilcock
Publisher : Harvard University Press
ISBN 13 : 9780674534308
Total Pages : 326 pages
Book Rating : 4.5/5 (343 download)

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Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock

Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?

The Rise and Fall of Freedom of Contract

Author : P. S. Atiyah
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis The Rise and Fall of Freedom of Contract by : P. S. Atiyah

Download or read book The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 1985 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychology for the Classroom: E-Learningis a lively and accessible introduction to the field of technology-supported teaching and learning and the educational psychology associated with those developments. Offering a substantial and practical analysis of e-learning, this practical book includes current research, offers a grounding in both theory and pedagogical application and contains illustrative case studies designed to stimulate thinking about technology and education. The author places particular focus on the developing theory and practice of cybergogy as well as interpretations of conventional theories such as behaviourism, cognitivism and constructivism in the context of e-learning. The book also explores how these developments provide new opportunities, contexts and environments for learning including: Virtual learning environments; Social networking; Social justice; Cyber-bullying; New patterns of learning; Visualisations; Algorithm; Programmed learning. This unique text will appeal to all practising teachers and students alike and provides a valuable and practical guide to the theory and application of e-learning.

Freedom of Contract

Author : Samuel Williston
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Freedom of Contract by : Samuel Williston

Download or read book Freedom of Contract written by Samuel Williston and published by . This book was released on 1921 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Litigation

Author : Trevor C. Hartley
Publisher : Cambridge University Press
ISBN 13 : 0521868076
Total Pages : 963 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

Boilerplate

Author : Margaret Jane Radin
Publisher : Princeton University Press
ISBN 13 : 0691163359
Total Pages : 358 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Boilerplate by : Margaret Jane Radin

Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights 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.

Rehabilitating Lochner

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.

The Freedom Contract

Author : Kidani Dashikis
Publisher : Page Publishing Inc
ISBN 13 : 1640275851
Total Pages : 53 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis The Freedom Contract by : Kidani Dashikis

Download or read book The Freedom Contract written by Kidani Dashikis and published by Page Publishing Inc. This book was released on 2022-02-03 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Freedom Contract is Kidani Dashikis's gift to humanity exposing mind-control strategies and trickery used against you to believe you are free yet still play along and perform for authority as you should not in the land of the free. Kidani came to realize that his manifested freedom was not the freedom defined in Webster's Dictionary and deeply explored why, where, and how we fell into the delusional state of mind we are in today believing we are free. Kidani reveals that your whole life, starting with your birth certificate, has been programmed physically and mentally to surrender self and contract away your available freedoms to authority. Kidani's work will appear very dark at first to many, as you have been programmed to see it as dark, but as you start to rise above your delusional state, you will soon see the light and realize you have been the one in the dark all along, being controlled by way of coercion and fear. Kidani holds nothing back as he brings humanity into a new state of freedom by providing an end to the surrender-self contract and perform game and provides a path to peace and true freedom, allowing your mind and body to move about freely in this new day and age.

The State and Freedom of Contract

Author :
Publisher : Stanford University Press
ISBN 13 : 0804765278
Total Pages : 394 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The State and Freedom of Contract by :

Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).

Justice in Transactions

Author : Peter Benson
Publisher : Harvard University Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Liberty of Contract

Author : David N. Mayer
Publisher :
ISBN 13 : 9781935308386
Total Pages : 0 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis Liberty of Contract by : David N. Mayer

Download or read book Liberty of Contract written by David N. Mayer and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

The Freedom Contract

Author : Kidani Dashikis
Publisher :
ISBN 13 : 9781640275843
Total Pages : 56 pages
Book Rating : 4.2/5 (758 download)

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Book Synopsis The Freedom Contract by : Kidani Dashikis

Download or read book The Freedom Contract written by Kidani Dashikis and published by . This book was released on 2017-07-05 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Freedom Contract is Kidani Dashikis's gift to humanity exposing mind-control strategies and trickery used against you to believe you are free yet still play along and perform for authority as you should not in the land of the free. Kidani came to realize that his manifested freedom was not the freedom defined in Webster's Dictionary and deeply explored why, where, and how we fell into the delusional state of mind we are in today believing we are free. Kidani reveals that your whole life, starting with your birth certificate, has been programmed physically and mentally to surrender self and contract away your available freedoms to authority. Kidani's work will appear very dark at first to many, as you have been programmed to see it as dark, but as you start to rise above your delusional state, you will soon see the light and realize you have been the one in the dark all along, being controlled by way of coercion and fear. Kidani holds nothing back as he brings humanity into a new state of freedom by providing an end to the surrender-self contract and perform game and provides a path to peace and true freedom, allowing your mind and body to move about freely in this new day and age.

Freedom in Constitutional Contract

Author : James M. Buchanan
Publisher : College Station : Texas A & M University Press
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Freedom in Constitutional Contract by : James M. Buchanan

Download or read book Freedom in Constitutional Contract written by James M. Buchanan and published by College Station : Texas A & M University Press. This book was released on 1977 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though written by an economist, this book's subject is not "economics" in the ordinary sense of that term. Instead, it is James Buchanan's contribution to what he has called the "contractarian revival," the renewed interest in and emphasis on the metaphor of the social contract in evaluating political alternatives. He believes that genuine constitutional dialogue must take place in this country if America is to remain a free society and that the perspectives of an economist are valuable in the discussion of basic issues of social philosophy.

The Four Agreements

Author : Don Miguel Ruiz
Publisher : Amber-Allen Publishing
ISBN 13 : 1934408018
Total Pages : 102 pages
Book Rating : 4.9/5 (344 download)

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Book Synopsis The Four Agreements by : Don Miguel Ruiz

Download or read book The Four Agreements written by Don Miguel Ruiz and published by Amber-Allen Publishing. This book was released on 2010-01-18 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bestselling author don Miguel Ruiz reveals the source of self-limiting beliefs that rob us of joy and create needless suffering. Based on ancient Toltec wisdom, The Four Agreements offer a powerful code of conduct that can rapidly transform our lives to a new experience of freedom, true happiness, and love. • A New York Times bestseller for over 7 years • Over 5.2 million copies sold in the U.S. • Translated into 38 languages worldwide Don Miguel Ruiz’s book is a roadmap to enlightenment and freedom.” — Deepak Chopra, Author, The Seven Spiritual Laws of Success “An inspiring book with many great lessons . . .” — Wayne Dyer, Author, Real Magic “In the tradition of Castaneda, Ruiz distills essential Toltec wisdom, expressing with clarity and impeccability what it means for men and women to live as peaceful warriors in the modern world.” — Dan Millman, Author, Way of the Peaceful Warrior

The Choice Theory of Contracts

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan

Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

The Rise and Fall of Freedom of Contract

Author : Patrick Selim Atiyah
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)

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Book Synopsis The Rise and Fall of Freedom of Contract by : Patrick Selim Atiyah

Download or read book The Rise and Fall of Freedom of Contract written by Patrick Selim Atiyah and published by . This book was released on 1979 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Coercion, Contract, and Free Labor in the Nineteenth Century

Author : Robert J. Steinfeld
Publisher : Cambridge University Press
ISBN 13 : 9780521774000
Total Pages : 348 pages
Book Rating : 4.7/5 (74 download)

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Book Synopsis Coercion, Contract, and Free Labor in the Nineteenth Century by : Robert J. Steinfeld

Download or read book Coercion, Contract, and Free Labor in the Nineteenth Century written by Robert J. Steinfeld and published by Cambridge University Press. This book was released on 2001-02-05 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.