BOILERPLATE:THE FINE PRINT, VANISHING RIGHTS, AND THE RULE OF LAW. By Margaret Jane Radin. Princeton, N.J.: Princeton University Press. 2013. Pp.339. $35.00. Reviewed by Michelle E. Boardman. Consumer contracts that attach to a product or service are different from negotiated contracts. But what follows from this fact? Professor Margaret Jane Radin invites us to recharacterize consumer form contracts — boilerplate — as involuntarily received “paperwork”, a “rights deletion scheme” aimed at shrinking legal redress, or in the extreme as an intentional tort. Her argument is crafted in the language of consent, but her proposed resolution, I will argue, concerns not consent but welfare. Despite this disconnect, the book is worth reading for two reasons: Radin’s novel view of contractual consent and her focus on the widespread waiver of our default rights to legal redress through boilerplate … (more)
Michelle E Boardman, CONSENT AND SENSIBILITY. 127 Harvard Law Review 1967 (2014).
First posted 2014-09-10 17:31:46
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