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Improving Evaluation of Boilerplate

Improving Evaluation of Boilerplate

A Proposed Analytical Framework

(p.154) Chapter Nine Improving Evaluation of Boilerplate
Margaret Jane Radin
Princeton University Press

This chapter proposes an analytical framework for improving the evaluation of boilerplate. It begins with a discussion of questions for evaluating boilerplate rights deletion schemes; for example, whether all of the rights granted and/or maintained by the state are appropriately considered default rules. It then describes three elements of analysis that can help illuminate how boilerplate waivers should be evaluated: the nature of the right in question and whether that right is alienable; the quality of consent by a recipient; and the extent of social dissemination of the rights deletion. It also examines the effect of nonconsent or market-inalienability on any purported contract, as well as the kinds of rights that are or should be subject to market-inalienability or partial market-inalienability in the presence of problematic consent. Finally, it explores political rights and interests, along with basic human rights and interests.

Keywords:   evaluation, boilerplate rights, waivers, consent, social dissemination, nonconsent, market-inalienability, problematic consent, political rights, human rights

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