Boilerplate Symposium IV: David Horton on Mass Arbitration and Democratic Degradation

“David Horton is Acting Professor of Law at the UC Davis School of Law. One of Boilerplate’s most provocative claims is that mass contracting causes ‘democratic degradation’. To be sure, this idea is not entirely new. In 1931, Karl Llewellyn called standard forms ‘the exercise of unofficial government’; forty years later, W David Slawson analogized to administrative law and argued that adhesive terms, like rules promulgated by unelected bureaucrats, suffer from a democracy deficit. However, with the rise of public choice theory — which blurs the line between public and private lawmaking by conceptualizing statutes as ‘deals’ between politicians and interest groups — these critiques have all but vanished. Professor Radin seeks to reinvigorate them …” (more)

[ContractsProf Blog, 15 May]

First posted 2013-05-15 12:56:04

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