Ebook Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Ebook Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

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Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Ebook Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

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Review

"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."---BrianH. Bix, Tulsa Law Review"One of the things I like so much about Boilerplate is that it clarifies just how deep and pervasive this problem is for modern contract theory as a whole. By casting doubt on one of the most common starting points in modern contract theory, Radin in effect forces us to reflect on the basic object of the inquiry. She thereby challenges us to produce either better theories or a better world, and to do so based on the facts rather than fanciful pictures of the market."---Robin Bradley Kar Jot, Illinois Public Law and Legal Theory Research Papers Series"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University"This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago"This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law"When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School

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From the Back Cover

"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University"This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago"This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law"When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School"This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law"Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

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Product details

Paperback: 360 pages

Publisher: Princeton University Press (November 3, 2014)

Language: English

ISBN-10: 0691163359

ISBN-13: 978-0691163352

Product Dimensions:

6.1 x 0.9 x 9.2 inches

Shipping Weight: 1.1 pounds (View shipping rates and policies)

Average Customer Review:

4.5 out of 5 stars

9 customer reviews

Amazon Best Sellers Rank:

#1,454,437 in Books (See Top 100 in Books)

This book covers an interesting topic. Unfortunately, it doesn't do so in a consistent way, and feels like an attempt to lengthen a great article into a book. After the first couple of chapters it feels repetitive.

Professor Radin sees to the heart of the problem of Contracts Law in 2014. It is a transformative analysis that is also readable. Not sure I buy the last bit, but I am making my students read the first half.

Very good book for those interested in understanding the subject

Excellent

This book very clearly states how contracts are being used to erode our rights to get what we expect and pay for. It shows how businesses use boilerplate clauses to escape any responsibility no matter how unethical, reprehensible, or just plain dangerous their actions are. Boilerplate contracts are a gold mine for business. In many cases it is a license to get away with anything and everything at can cost the unsuspecting consumer pennies to an unlimited amount per transaction, or over a lifetime.The basic thing is this, consumers need to find a way to stop businesses from creating their own "legal system" that protects business and only serves to defraud the consumer. I have walked away from contracts due to some of the clauses they included. I even went specifically with a company because their "fine print" was a picture of the American Flag. No tricks, no hidden clauses. They did an excellant job, and did not need "fine print" to shield themselves from lawsuits.This book is a must read for every consumer in America. When I talk to friends from other countries about the rip offs that go unpunished here, they are astounded. Many wonder why the American Consumer is not rioting in the streets over such unfair treatment and clauses. What I suggest is that everyone read this book, and then contact your Congressmen to let them know we needs solutions. Let them know what you would like to see implemented to put a stop to the erosion of consumer rights and protections. Maybe then we can get some fairness towards the consumer. After all, consumerism does drive 2/3 of our economy. If consumers lose faith and cut back on spending this could spell big trouble for our economy.

Very helpful.

Very useful for our campaign denouncing the precarious situation of adjunct professors. The article "Paso a paso,.." was published in my blog: barandilla y banderilla.Thank you to the author and to you.Julieta V. Muñoz

Radin's book begins with several vignettes about how people lost legal rights otherwise guaranteed, through legal forms used by businesses that cannot be changed, called 'boilerplate.' These forms commonly cancel one's right to a jury trial, often substituting arbitration instead; arbitrators are widely believed to be more favorable to businesses, no record is made of their decisions and class actions are not permissible. These practices are widespread in the U.S. (eg. waiving employee rights, purchaser rights regarding product liability and warranty), rarely read (sometimes the terms arrive after signing - eg. insurance contracts, phone orders), and often don't even require signing (eg. parking lot tickets, airline tickets, shrink-wrapped software products); they are less prevalent in other nations.Why don't we read boilerplate? Radin suggests its because we wouldn't understand the terms anyway, we have no access to suppliers that do not impose such clauses, we trust the company, or we think anything harmful would be unenforceable.Why do businesses use boilerplate? The usual rationale is 'to contain costs' - 'that is what recipients prefer if given a choice.'The 'good news' is that a court may invalidate boilerplate if it finds a party lacked meaningful choice and the terms unreasonably favor the other, or if it violates an important public policy. Radin, however, contends that this does not happen often enough. In fact, she believes that because boilerplate terms aren't bargained over or consented to in any normal fashion, they aren't even contracts.Radin also offers several remedies - that judges evaluate boilerplate according to tort law, or giving regulatory power to oversight groups.'Boilerplate' is not easy reading, but it provides strong evidence that using such endangers our basic values.

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