The first relational study of twentieth-century U.S. guestworker programs from Mexico and the Caribbean, Contracting Freedom explores how 1940s debates over labor programs elided race and empire while further legitimating and extending U.S. domination abroad in the post-World War II era.

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Why the increasing use of boilerplate is eroding our rights 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.

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

In the era of slave emancipation no ideal of freedom had greater power than that of contract. The antislavery claim was that the negation of chattel status lay in the contracts of wage labor and marriage. Signifying self-ownership, volition, and reciprocal exchange among formally equal individuals, contract became the dominant metaphor for social relations and the very symbol of freedom. This 1999 book explores how a generation of American thinkers and reformers - abolitionists, former slaves, feminists, labor advocates, jurists, moralists, and social scientists - drew on contract to condemn the evils of chattel slavery as well as to measure the virtues of free society. Their arguments over the meaning of slavery and freedom were grounded in changing circumstances of labor and home life on both sides of the Mason-Dixon line. At the heart of these arguments lay the problem of defining which realms of self and social existence could be rendered market commodities and which could not.

Elements of Government Contracting combines two previous books, Elements of Contract Formation and Elements of Contract Administration, to make one comprehensive resource. This convenient reference covers the entire procurement spectrum from the beginning of the process through claims and disputes in a straightforward, easy-to-read manner. The first part of this book explains the important elements and issues involved in the formation of government contracts, including the two primary methods of contracting. The next part addresses the factors critical to contract inception, performance and completion, and outlines the rules for contractors in the administration of a government contract. Fully updated, Elements of Government Contracting includes sample letters to contracting officers, as well as practical tips at the end of each chapter. In addition, it has an appendix on how to get a Multiple Award Schedule Contract and avoid pitfalls in performance.

In 1834 Antigua became the only British colony in the Caribbean to move directly from slavery to full emancipation. Immediate freedom, however, did not live up to its promise, as it did not guarantee any level of stability or autonomy, and the implementation of new forms of coercion and control made it, in many ways, indistinguishable from slavery. In Troubling Freedom Natasha Lightfoot tells the story of how Antigua's newly freed black working people struggled to realize freedom in their everyday lives, prior to and in the decades following emancipation. She presents freedpeople's efforts to form an efficient workforce, acquire property, secure housing, worship, and build independent communities in response to elite prescriptions for acceptable behavior and oppression. Despite its continued efforts, Antigua's black population failed to convince whites that its members were worthy of full economic and political inclusion. By highlighting the diverse ways freedpeople defined and created freedom through quotidian acts of survival and occasional uprisings, Lightfoot complicates conceptions of freedom and the general narrative that landlessness was the primary constraint for newly emancipated slaves in the Caribbean.

The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Would you like to have a customer whose budget exceeds $250 Billion a year for goods and services? You can have that customer. The United States Federal Government is the largest purchaser of goods and services in the world. Each year, the Government issues contracts totaling more than $250 Billion for pencils, furniture, computer equipment, landscape services, janitorial services, security guard services, consultant services, etc., etc., etc. With The Beginner's Guide to Government Contracting, you now have the information you need to reach your personal and business goals of financial success. At last, Jeff Corbin tells you the secrets he has been using for the last fifteen years to help companies of all sizes win Federal Government Contracts. These companies range from a local clothes laundry to Fortune 500 Companies. He walks you through the proposal writing process and gives you examples of an Executive Summary, Organizational Charts, Cost Spreadsheets and much, much more.