The Fiduciary State and Private Ordering

Paul B. Miller and Andrew S. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, 2016, Forthcoming

U of Michigan Public Law Research Paper No. 500

27 Pages Posted: 21 Feb 2016 Last revised: 25 May 2017

See all articles by Margaret Jane Radin

Margaret Jane Radin

University of Toronto - Faculty of Law; University of Michigan Law School

Date Written: February 19, 2016

Abstract

In this chapter, I argue that by allowing firms to foreclose access to the courts and legal remedies through boilerplate rights deletions, the American legal system is failing civil society, and its legal institutions are flouting their fiduciary obligation to the polity and to the American people. In addition, I suggest that firms have an obligation not to deploy boilerplate so as to “defect” unilaterally from the legal infrastructure that makes it possible for firms to function in civil society.

Suggested Citation

Radin, Margaret Jane, The Fiduciary State and Private Ordering (February 19, 2016). Paul B. Miller and Andrew S. Gold, eds., Contract, Status, and Fiduciary Law, Oxford, 2016, Forthcoming; U of Michigan Public Law Research Paper No. 500. Available at SSRN: https://ssrn.com/abstract=2735022

Margaret Jane Radin (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
505-314-6516 (Phone)

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