Sabine Tsuruda, ‘Race, Unconscionability, and Contractual Equality’, 60 Harvard Civil Rights-Civil Liberties Law Review 159 (2025). Sabine Tsuruda’s article ‘Race, Unconscionability, and Contractual Equality’ illustrates shortcomings of current unconscionability doctrine in contract law and proposes an alternative to enable the contract law to avoid complicity with beneficiaries of race discrimination in credit markets. Her proposed update to unconscionability doctrine, which she dubs a ‘best interests’ approach, essentially makes a contract term substantively unconscionable if it runs contrary to a party’s ‘basic interests and inalienable rights’ such as privacy, having a home, accessing justice, and being free from race and gender discrimination (p 206) … (more)
[Martha Ertman, JOTWELL, 30 June 2025]
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