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BoilerplateThe Fine Print, Vanishing Rights, and the Rule of Law$
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Margaret Jane Radin

Print publication date: 2012

Print ISBN-13: 9780691155333

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691155333.001.0001

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“Public” and Hybrid Regulatory Solutions

“Public” and Hybrid Regulatory Solutions

(p.217) Chapter Twelve “Public” and Hybrid Regulatory Solutions

Margaret Jane Radin

Princeton University Press

This chapter considers “public” and hybrid regulatory solutions for boilerplate. It first examines the U.S. preference for private, market solutions, with particular emphasis on its tendency to provide for disclosure rather than substantive regulation of boilerplate, along with state legislation and judge-made law that goes beyond disclosure to create substantive regulations of contract law in particular areas. It then discusses issues associated with industry-specific regulation; piecemeal “fixes” to current law that may be enacted through legislation, imposed by agency rulemaking, or developed by judge-made law; and hybrid regimes in which private initiatives would be supported or protected by legislation or judge-made law. It also explores regulation in form of black lists, white lists, or grey lists and the problem of piecemeal adjudication. Finally, it looks at comprehensive regulation by drawing on the case of the European Union.

Keywords:   boilerplate, disclosure, regulation, contract law, hybrid regimes, piecemeal adjudication, comprehensive regulation, European Union, white lists

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