Add to ORKGDefault rule analysis has become a central feature of modem contracts scholarship. This scholarship is illuminating but less helpful than it could be for two reasons: first, there are several types of default rules but the literature does not distinguish adequately among them; second, legal\u27 institutions vary in their ability to write helpful defaults but the question which institution should create what kind of rule has not been seriously asked. This essay addresses both deficiencies
Whenever a rule is contractible, the law must establish separate rules governing how private parties...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
The design of default provisions in consumer contracts involves an aspect that does not normally ari...
Default rule analysis has become a central feature of modem contracts scholarship. This scholarship ...
The common law developed over centuries a small set of default rules that courts have used to fill g...
A central question of contract law remains: when should the law supply a term not expressly agreed t...
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper con...
It was once perceived, and still is commonly taught, that default rules in contract law must mimic e...
The economic analysis of contract law can organized around two general questions: (1) what are the e...
In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting effi...
This Article addresses corporate law\u27s default rules, which allow corporations to waive their dir...
The most provocative debate in contemporary contract law scholarship concerns default rule analysis ...
When contracts are incomplete, the law must rely on default rules to resolve any issues that have no...
The legal rules of contracts and corporations can be divided into two distinct classes. The larger c...
Whenever a rule is contractible, the law must establish separate rules governing how private parties...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
The design of default provisions in consumer contracts involves an aspect that does not normally ari...
Default rule analysis has become a central feature of modem contracts scholarship. This scholarship ...
The common law developed over centuries a small set of default rules that courts have used to fill g...
A central question of contract law remains: when should the law supply a term not expressly agreed t...
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper con...
It was once perceived, and still is commonly taught, that default rules in contract law must mimic e...
The economic analysis of contract law can organized around two general questions: (1) what are the e...
In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting effi...
This Article addresses corporate law\u27s default rules, which allow corporations to waive their dir...
The most provocative debate in contemporary contract law scholarship concerns default rule analysis ...
When contracts are incomplete, the law must rely on default rules to resolve any issues that have no...
The legal rules of contracts and corporations can be divided into two distinct classes. The larger c...
Whenever a rule is contractible, the law must establish separate rules governing how private parties...
In Section I of this article, I argue that complex risk-allocation models are inconsistent in import...
The design of default provisions in consumer contracts involves an aspect that does not normally ari...