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Can Current Oversight Be Improved?

Can Current Oversight Be Improved?

Chapter:
(p.143) Chapter Eight Can Current Oversight Be Improved?
Source:
Boilerplate
Author(s):
Margaret Jane Radin
Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691155333.003.0008

This chapter examines whether the standard judicial oversight of contract law could be improved to do a better job of alleviating normative and democratic degradation. It first considers whether boilerplate rights deletion schemes are “sturdy indefensibles” and explains why it would be very difficult to enhance the ability of the standard oversight measures of traditional contract law. It then discusses possible improvements to other traditional methods of oversight, focusing in particular on the suggestions of Robert Hillman and Omri Ben-Shahar. It also explores the dilemma that arises when rights deletion is disallowed and concludes with the argument that current oversight measures might be improved by reducing the reliance on sweeping inferences based on assumptions and producing more empirical data that courts would actually take into account.

Keywords:   judicial oversight, contract law, normative degradation, democratic degradation, boilerplate rights, Robert Hillman, Omri Ben-Shahar, boilerplate

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