‘Should Contracts Profs Cheer for a Return to the Lochner Era?’

“On the one hand, of course we should. Law reviews will beg us for submissions. All of their symposium issues will be dedicated to the fundamental right to freedom of contract, and we will stroke our beards or twirl our locks and consider whether intermediate or strict scrutiny is the best way to safeguard those rights. All of those fancy public law people will have to listen to us talk about offer, acceptance, consideration, and assent …” (more)

[Jeremy Telman, ContractsProf Blog, 5 July]

First posted 2022-07-05 14:00:51

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