Brett Frischmann and Moshe Y Vardi, ‘Better Digital Contracts with Prosocial Friction-in-Design’, 65 Jurimetrics Journal 1 (2025). Brett Frischmann and Moshe Y Vardi’s article, ‘Better Digital Contracts with Prosocial Friction-in-Design’, wrestles with perhaps the most vexing problem facing contract law today – what to do about the proliferation of digital contracts that infest our screens. Frischmann and Vardi tackle the problem from a different angle than most contracts scholars (perhaps not surprising given their background and expertise in technology). Rather than focusing exclusively on doctrinal or legislative solutions, they propose design-based solutions that reframe and reconceptualize assent (and consent) … (more)
[Nancy Kim, JOTWELL, 20 January 2026]
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