Boilerplate

Abstract

Acknowledgments ix Prologue: World A (Agreement) and World B (Boilerplate) xiii Part I. Boilerplate, Consumers' Rights,and the Rule of 1 * Chapter 1 An Overview of Worlds A and B 3 * Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19 * Chapter 3 Democratic Degradation: Replacing the of the State with the Law of the Firm 33 Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53 * Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55 * Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82 * Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99 Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121 * Chapter 7 Evaluating Current Judicial Oversight 123 * Chapter 8 Can Current Oversight Be Improved? 143 * Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154 Part IV. Escaping Contract: Other Remedial Possibilities 187 * Chapter 10 Private Reform Ideas: Possible Market Solutions 189 * Chapter 11 Reconceptualizing (Some) Boilerplate under Tort 197 * Chapter 12 Public and Hybrid Regulatory Solutions 217 Afterword: What's Next for Boilerplate? 243 Notes 249 Index 313

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