BN.com Gift Guide

Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law [NOOK Book]

Overview

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for ...

See more details below
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook - Course Book)
$16.99
BN.com price
(Save 31%)$24.95 List Price

Overview

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.

Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Read More Show Less

Editorial Reviews

Huffington Post
Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers.
— Glenn C. Altschuler
Wall Street Journal - Robert F. Nagel
[Radin] has given us a sophisticated and thought-provoking treatment of the boilerplate contracts that everyone signs yet few read or understand.
Huffington Post - Glenn C. Altschuler
Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers.
From the Publisher
Winner of the 2014 Scribes Book Award, The American Society of Legal Writers

"[Radin] has given us a sophisticated and thought-provoking treatment of the boilerplate contracts that everyone signs yet few read or understand."—Robert F. Nagel, Wall Street Journal

"Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers."—Glenn C. Altschuler, Huffington Post

"Boilerplate is exemplary scholarship: lucid, jargon-free, and focused on solving problems as well as identifying them. It's a model of the 'process,' inside-the-system track for social change."—Michael Stern, American Lawyer

"Boilerplate is a book from which all readers could benefit, whether or not they ultimately agree with every one of the author's analyses and conclusions."—Brian H. Bix, Tulsa Law Review

Library Journal
Radin (law, Univ. of Michigan; Contested Commodities: The Trouble with Trade in Sex, Children, Body Arts and Other Things) has written a trenchant and scholarly critique of boilerplate, or form, contract clauses in everyday use. The first part of the book describes actual contract clauses in which those who "agreed" gave up valuable rights, such as the right to a jury trial or to sue for personal injury. This part continues with a primer on contract law and how technology has led to technological protection measures (e.g., "agreeing" to terms presented online) that have degraded consumers' rights. Part two delves into the theory of contract law, examining whether boilerplate's deletion of rights is justifiable under different philosophies. The third part reviews current judicial and administrative oversight of boilerplate and finds it wanting. In Part 4, Radin sets forth the opinion that boilerplate should be standardized, regulated, and made safe through a tort law approach. VERDICT While well written, the book is densely argued and contains extensive notes. Recommended for specialists with a background in law or interest in consumer rights.—Harry Charles, Saint Louis, MO
Read More Show Less

Product Details

  • ISBN-13: 9781400844838
  • Publisher: Princeton University Press
  • Publication date: 12/7/2012
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition description: Course Book
  • Pages: 360
  • File size: 2 MB

Meet the Author

Margaret Jane Radin is the Henry King Ransom Professor of Law at the University of Michigan and the William Benjamin Scott and Luna M. Scott Professor of Law, emerita, at Stanford University. Radin is the author of "Reinterpreting Property" and "Contested Commodities".
Read More Show Less

Table of Contents

Acknowledgments ix
Prologue: World A (Agreement) and World B (Boilerplate) xiii

Part I. Boilerplate, Consumers' Rights,and the Rule of Law 1

  • Chapter 1 An Overview of Worlds A and B 3
  • Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19
  • Chapter 3 Democratic Degradation: Replacing the Law of the State with the "Law" of the Firm 33

Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53

  • Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55
  • Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82
  • Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99

Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121

  • Chapter 7 Evaluating Current Judicial Oversight 123
  • Chapter 8 Can Current Oversight Be Improved? 143
  • Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154

Part IV. Escaping Contract: Other Remedial Possibilities 187

  • Chapter 10 "Private" Reform Ideas: Possible Market Solutions 189
  • Chapter 11 Reconceptualizing (Some) Boilerplate under Tort Law 197
  • Chapter 12 "Public" and Hybrid Regulatory Solutions 217

Afterword: What's Next for Boilerplate? 243
Notes 249
Index 313

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)