Aditi Bagchi

Fordham University School of Law

Professor of Law

140 West 62nd Street

New York, NY 10023

United States

  • Fordham University School of Law

SCHOLARLY PAPERS

37

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9

CROSSREF CITATIONS

6

Scholarly Papers (37)

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1.

Separating Contract and Promise

PERSPECTIVES ON CONTRACT LAW, 4th ed., Randy Barnett, ed., 2009, Florida State University Law Review, Vol. 38, Pg. 707, 2011, U of Penn Law School, Public Law Research Paper No. 07-35
Number of pages: 52 Posted: 11 Sep 2007 Last Revised: 14 Dec 2011
Aditi Bagchi
Fordham University School of Law
Downloads 629 (71,510)

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contract, promise, private promise, reliance damages, employment contract, personal contracts, trust

2.

Distributive Justice and Contract

Philosophical Foundations of Contract Law (Klass, Letsas, Saprai,eds.) Oxford University Press, 2014, Forthcoming, Fordham Law Legal Studies Research Paper No. 2323767
Number of pages: 20 Posted: 11 Sep 2013
Aditi Bagchi
Fordham University School of Law
Downloads 576 (79,773)
Citation 2

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distributive justice, contract, arbitrariness, consent

3.

Managing Moral Risk: The Case of Contract

Columbia Law Review, Vol. 111, p. 1878, 2011, U of Penn, Inst for Law & Econ Research Paper No. 11-11
Number of pages: 56 Posted: 31 Mar 2011 Last Revised: 19 Jan 2012
Aditi Bagchi
Fordham University School of Law
Downloads 401 (123,295)

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Contracts, formation, performance, misfortune, breach, risk, outcome responsibility, moral responsibility, culpability, inequality, modification

4.

The Myth of Equality in the Employment Relation

Michigan State Law Review, Vol. 2009, p. 579, U of Penn Law School, Public Law Research Paper No. 09-07
Number of pages: 51 Posted: 11 Mar 2009 Last Revised: 13 Aug 2023
Aditi Bagchi
Fordham University School of Law
Downloads 324 (156,004)
Citation 1

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contract, status, inequality, unions, employees, employers, national labor relations act, NLRA, leisure, bargaining power, mandatory terms, social hierarchy, labor

5.

The Political Economy of Regulating Contract

American Journal of Comparative Law, Vol. 62, No. 4, 2014
Number of pages: 42 Posted: 16 Feb 2014 Last Revised: 22 Feb 2014
Aditi Bagchi
Fordham University School of Law
Downloads 311 (162,833)

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contract regulation, comparative political economy, default rules, mandatory terms, private regulation

6.

Varieties of Employee Ownership: Some Unintended Consequences of Corporate Law and Labor Law

University of Pennsylvania Journal of Business and Employment Law, Vol. 10, p. 305, 2008, U of Penn, Inst for Law & Econ Research Paper No. 07-04
Number of pages: 33 Posted: 08 Aug 2005 Last Revised: 09 Apr 2009
Aditi Bagchi
Fordham University School of Law
Downloads 294 (172,769)

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employee ownership, industrial democracy, economic democracy, path dependence, historical institutionalism, residual income rights, collective bargaining, organized labor, unions

7.

Parallel Contract

University of Pittsburgh Law Review, Forthcoming, U of Penn Law School, Public Law Research Paper No. 12-17
Number of pages: 38 Posted: 29 Feb 2012 Last Revised: 06 Nov 2013
Aditi Bagchi
Fordham University School of Law
Downloads 279 (182,428)
Citation 1

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Contracts, contract theory, default rules, contract interpretation, employment contracts, implied contract, standard form contracts, contracts of adhesion, relational contract, bilateralism, incomplete contract

8.

Distributive Injustice and Private Law

Hastings Law Journal, Vol. 60, p. 105, 2008, U of Penn Law School, Public Law Research Paper No. 07-36
Number of pages: 45 Posted: 11 Sep 2007 Last Revised: 08 Aug 2010
Aditi Bagchi
Fordham University School of Law
Downloads 269 (189,281)
Citation 2

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distributive justice, private law, private law theory, responsibility, social rights, imperfect rights, basic income

9.

Other People's Contracts

Yale Journal on Regulation, Forthcoming, Fordham Law Legal Studies Research Paper No. 2586136
Number of pages: 51 Posted: 29 Mar 2015
Aditi Bagchi
Fordham University School of Law
Downloads 268 (189,933)

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negative externalities, contract interpretation, ambiguity, concentrated externalities

10.

Contract as Procedural Justice

7 Jurisprudence 47 (2016), Fordham Law Legal Studies Research Paper No. 2691849
Number of pages: 60 Posted: 17 Nov 2015 Last Revised: 03 May 2023
Aditi Bagchi
Fordham University School of Law
Downloads 263 (193,625)

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contract, procedural justice, autonomy, consent, perfect procedural justice, imperfect procedural justice, pure procedural justice, contract interpretation

11.

Exit, Choice and Employee Loyalty

Contract, Status, and Fiduciary Law, P. Miller & A. Gold, eds., (OUP, 2016), Fordham Law Legal Studies Research Paper No. 2759401
Number of pages: 19 Posted: 08 Apr 2016
Aditi Bagchi
Fordham University School of Law
Downloads 191 (262,043)

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employee loyalty, duties of loyalty, fiduciary duty, duty to perform in good faith

12.

The Accidental Promise: Remaking the Law of Misrepresented Intent

University of Illinois Law Review, Vol. 2008, p. 985 , U of Penn, Inst for Law & Econ Research Paper No. 07-03, U of Penn Law School, Public Law Research Paper No. 07-09
Number of pages: 24 Posted: 13 Mar 2007 Last Revised: 08 Apr 2009
Aditi Bagchi
Fordham University School of Law
Downloads 178 (278,900)

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false promise, promissory fraud, optimal reliance, common law, intent, subjective intent, objective intent, intention, moral practice

13.

At the Limits of Adjudication: Standard Terms in Consumer Contracts

eds. DiMatteo & Hogg, Comparative Contract Law (OUP, 2015), Fordham Law Legal Studies Research Paper No. 2772733
Number of pages: 17 Posted: 02 May 2016
Aditi Bagchi
Fordham University School of Law
Downloads 152 (318,968)

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standard form contracts, boilerplate, standard terms, negative externalities

14.

Interpreting Contracts in a Regulatory State

University of San Francisco Law Review, 2020
Number of pages: 73 Posted: 28 May 2019
Aditi Bagchi
Fordham University School of Law
Downloads 148 (325,941)

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contract, interpretation, authority, regulatory state, rule of charity

15.

Voluntary Obligation and Contract

20(2) Theoretical Inquiries L. 2019, Forthcoming, Fordham Law Legal Studies Research Paper No. 3171189
Number of pages: 17 Posted: 14 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 143 (334,981)

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contract, voluntary obligation, moral agency, autonomy, promise

16.

Intention, Torture, and the Concept of State Crime

Penn State Law Review, Vol. 114, p. 1, 2009, U of Penn Law School, Public Law Research Paper No. 10-26
Number of pages: 49 Posted: 08 Aug 2010 Last Revised: 10 Aug 2010
Aditi Bagchi
Fordham University School of Law
Downloads 140 (340,696)
Citation 1

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International law, torture, intent, convention against torture, specific intent

17.

Unequal Promises

University of Pittsburgh Law Review, Vol. 72, p. 467, 2011, U of Penn Law School, Public Law Research Paper No. 10-35
Number of pages: 27 Posted: 18 Nov 2010 Last Revised: 07 Jan 2012
Aditi Bagchi
Fordham University School of Law
Downloads 119 (385,142)

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contract, promise, commercial promise, conditional promise, inequality, take or pay, retail contract, consumer

18.

Contract and the Problem of Fickle People

Wake Forest Law Review, Vol. 53, 2018, Fordham Law Legal Studies Research Paper
Number of pages: 36 Posted: 14 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 116 (392,248)

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contract, moral agency, promise, discontinuity, personal identity

19.

Who Should Talk? What Counts as Employee Voice and Who Stands to Gain

Marquette Law Review, Vol. 94, No. 3, p. 839, 2011, U of Penn Law School, Public Law Research Paper No. 11-39
Number of pages: 19 Posted: 24 Sep 2011 Last Revised: 27 Sep 2011
Aditi Bagchi
Fordham University School of Law
Downloads 114 (397,245)

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corporate law, employment law, unions, corporate governance, employee rights, employee voice, hard voice, soft voice, information rights, codetermination

20.

Risk Averse Contract Interpretation

Law and Contemporary Problems, Vol. 82, No. 4, 2019, Fordham Law Legal Studies Research Paper No. 3595849
Number of pages: 25 Posted: 22 Jun 2020 Last Revised: 23 Jun 2020
Aditi Bagchi
Fordham University School of Law
Downloads 108 (413,050)

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21.

How Well Do We Treat Each Other in Contract?

9 Wm. & Mary Bus. L. Rev. 351 (2018), Fordham Law Legal Studies Research Paper
Number of pages: 24 Posted: 15 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 106 (418,527)
Citation 1

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contract, markets, norms, inequality, domination, virtue, citizenship, cooperation

22.

The Contingent Politics of Legal Formalism

eds. Balganesh, Sichelman & Smith, The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries (Cambridge University Press, 2018)
Number of pages: 15 Posted: 15 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 104 (424,270)

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23.

Fiduciary Principles in Employment Law

Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff, eds., The Oxford Handbook of Fiduciary Law (Oxford University Press, 2018, Forthcoming)
Number of pages: 17 Posted: 14 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 104 (424,270)

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fiduciary duties, employees, employers, ERISA, duty of good faith

24.

Law and the Moral Dynamics of Collective Action

53 Seton Hall Law Review 149 (2022)
Number of pages: 52 Posted: 01 Jun 2022 Last Revised: 29 Nov 2022
Aditi Bagchi
Fordham University School of Law
Downloads 103 (427,182)

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collective action, public law, private law, resistance, intervening agency, cooperation

25.

Pluralism

in eds. Chen-Wishart & Saprai, RESEARCH HANDBOOK IN THE PHILOSOPHY OF CONTRACT LAW (Edward Elgar Publishing Ltd., Forthcoming)
Number of pages: 19 Posted: 08 Jun 2023
Aditi Bagchi
Fordham University School of Law
Downloads 100 (436,045)

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pluralism, contract, monism

26.

Managed Solidarity: Institutions and Intralabor Conflict in Postwar Britain and Germany

Number of pages: 60 Posted: 16 Aug 2005
Aditi Bagchi
Fordham University School of Law
Downloads 95 (451,025)

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Unions, labor movements, historical institutionalism, solidarity, industrial relations, strikes, class consciousness

27.

Conflict, Consistency and the Role of Conventional Morality in Judicial Decision-Making

34 Yale Journal of Law and the Humanities 9 (2023)
Number of pages: 15 Posted: 01 Jun 2022 Last Revised: 06 Jul 2023
Aditi Bagchi
Fordham University School of Law
Downloads 90 (466,802)

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judicial decision-making, conventional morality, custom, zeitgeist, legal process

28.

Private Law and Public Discourse

Arizona Law Review, Forthcoming
Number of pages: 39 Posted: 18 May 2023
Aditi Bagchi
Fordham University School of Law
Downloads 88 (473,426)

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private law, public discourse, overlapping consensus, reactive attitudes, public sphere

29.

Consent and Disagreement

Law & Psycology Review, 2023
Number of pages: 43 Posted: 11 May 2023
Aditi Bagchi
Fordham University School of Law
Downloads 80 (501,423)

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consent, contract, availability heuristic

30.

Production Liability

Fordham Law Review, Vol. 87, No. 0, 2019
Number of pages: 38 Posted: 28 May 2019
Aditi Bagchi
Fordham University School of Law
Downloads 78 (508,761)

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torts, contract, privity, supply chain, employment law

31.

Lying and Cheating, or Self-Help and Civil Disobedience?

85 Brooklyn L. Rev. 1 (2020)
Number of pages: 39 Posted: 21 May 2019 Last Revised: 24 Jul 2020
Aditi Bagchi
Fordham University School of Law
Downloads 75 (520,320)
Citation 1

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distributive justice, lying, inequality, contract, misrepresentation, fraud, deception, consumer sales, noncompliance theory, self-help, civil disobedience, cheating

32.

The Political Morality of Convergence in Contract

24 European Law Journal 36 (2018)
Number of pages: 29 Posted: 25 May 2018
Aditi Bagchi
Fordham University School of Law
Downloads 64 (566,822)

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European Union, Contract, Regulatory Private Law, Transactional Justice, Convergence

33.

Retrospective Risk Allocation

Law and Contemporary Problems, Vol. 85, No. 2, 2022, Fordham Law Legal Studies Research Paper No. 4121730
Number of pages: 18 Posted: 01 Jun 2022 Last Revised: 04 Aug 2022
Aditi Bagchi
Fordham University School of Law
Downloads 56 (604,796)

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contract, impossibility, impracticability, mistake, changed circumstance, force majeure, interpretation, hindsight, pandemic

34.

What is the Problem with Price Personalization?

Number of pages: 18 Posted: 13 May 2023 Last Revised: 06 Sep 2023
Aditi Bagchi
Fordham University School of Law
Downloads 55 (609,813)

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price personalization, algorithmic pricing, privacy, prices, disclosure, platforms, distributive effects of pricing, equal treatment

35.

Nondomination and the Ambitions of Employment Law

Number of pages: 25 Posted: 01 Jun 2022 Last Revised: 01 May 2023
Aditi Bagchi
Fordham University School of Law
Downloads 53 (620,301)

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employment, domination, private law, contract, tort, republican theory, critical theory, antisubordination

36.

Lowering the Stakes of the Employment Contract

Boston University Law Review, Vol. 102, No. 4, 2022
Number of pages: 29 Posted: 01 Jun 2022
Aditi Bagchi
Fordham University School of Law
Downloads 46 (659,220)

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employment contract; health care; employee speech; inequality; employer power

37.

The Challenges of Radical Reform in Pluralist Democracies

Number of pages: 13 Posted: 01 Jun 2022
Aditi Bagchi
Fordham University School of Law
Downloads 31 (759,310)

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capitalism, market reform