Mapping the New Frontiers of Private Ordering: Afterward

Abstract:     
Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman's Afterward to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that "private ordering" better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably within contractual thinking.

Number of Pages in PDF File: 22

Keywords: contracts

Accepted Paper Series