A Examination of Judicial Reasoning—When a Penalty Is Not a Penalty
Larry A. DiMatteo 85 Geo. Wash. L. Rev. 1846 This Article reviews the landmark decision of the United Kingdom Supreme Court involving two cases collectively known as Cavendish-ParkingEye. The decision represents an assault on the common law’s penalty rule, which invalidates liquidated damages clauses that are determined to be penalties. The Court upheld two clauses... Read More
The Sharing Economy and the Edges of Contract Law: Comparing U.S. and U.K. Approaches
Miriam A. Cherry 85 Geo. Wash. L. Rev. 1804 Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law... Read More
The Sharing Economy in the EU and the Law of Contracts
Rolf H. Weber 85 Geo. Wash. L. Rev. 1777 The concept of the “share economy” has not been developed in a meaningful way in the European Union (“EU”) to date. The importance of the data economy has been acknowledged and many discussion papers are circulating regarding this subject. Despite this progress, the competence of the... Read More
A Civilian Perspective on Network Contracts and Privity
Matthias E. Storme 85 Geo. Wash. L. Rev. 1739 In order to contribute to the debate on the “edges of contract law,” especially on the value of the privity rule in an age of network contracts and sharing economy, this Essay analyzes some approaches and solutions chosen by continental or civil law systems of private... Read More
Comparative Contract Law and Development: The Missing Link?
Mariana Pargendler 85 Geo. Wash. L. Rev. 1717 Contract law has long been a favorite area of study among comparative law scholars. Economists have posited that contract institutions play a central role in economic development. Yet, in sharp contrast to the state of the art in other fields (such as corporate law and bankruptcy law),... Read More
The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts
James P. Nehf 85 Geo. Wash. L. Rev. 1692 The doctrines of unconscionability and good faith have played paramount roles in limiting the ability of businesses to impose unfair contract terms on consumers. Yet the continuing role of these doctrines is being threatened by the proliferation of mandatory arbitration provisions in consumer agreements. If this... Read More
Contract Interpretation 2.0: Not Winner-Take-All but Best-Tool-for-the-Job
Lawrence Cunningham 85 Geo. Wash. L. Rev. 1625 In a centuries-old debate among contracts scholars, one group supports a presumption favoring a text-centered approach to the interpretation of a written agreement—the plain meaning taken from the four corners—while opponents urge a broader understanding of context—what the parties intended and the circumstances of their negotiation. The... Read More
Judicial Development of the Law of Contract in the United Kingdom
Lord Patrick Stewart Hodge 85 Geo. Wash. L. Rev. 1587 The author, a Justice of the U.K. Supreme Court, analyzes the development of contract law by the Court over the last three years to assess whether there have been significant shifts in the judicial approach to contractual doctrine. He speaks of the swing of the... Read More
Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention
Mar. 5, 2018 Jennings v. Rodriguez, 583 U.S. ___ (2018) (Alito, J.). Response by Cori Alonso-Yoder Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | New York Times | SCOTUSblog Jennings v. Rodriguez: Against the Backdrop of Executive Enforcement and Legislative Inaction, the Court Revisits the Issue of Prolonged Immigration Detention Today marks... Read More
Always On, Always Listening: Navigating Fourth Amendment Rights in a Smart Home
Allegra Bianchini · March 2018 86 Geo. Wash. L. Rev. Arguendo 1 What do you say in your home when you think no one is listening? Have you ever contemplated that someone might be listening? What would you do if a recorded log of what you say and do behind closed doors could be used... Read More