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Improving Evaluation of Boilerplate

Improving Evaluation of Boilerplate

A Proposed Analytical Framework

Chapter:
(p.154) Chapter Nine Improving Evaluation of Boilerplate
Source:
Boilerplate
Author(s):
Margaret Jane Radin
Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691155333.003.0009

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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