The topic of this symposium issue addresses the state of contract law in the year 2025, but it raises the question: What does it mean to enter into a contract today? Contract law presumes a certain paradigmatic scenario where two equally sophisticated parties negotiate terms to achieve a...

What does it mean to consent? Consent is an essential component of contracts, yet its part in contract law is obscure. Despite its importance, there is no independent doctrine of consent; rather, it plays a key, but ill-defined role in assessing doctrines such as assent or duress. This Article...

Mortgage foreclosures are at an all-time high and property values in many parts of the country have declined precipitously. Yet bankruptcy, which is often a last resort for individuals in financial distress, provides little relief to a homeowner who finds that her mortgage debt exceeds the value...

Municipal bankruptcies are unpredictable. There are several reasons for this statement — municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy...

For over a decade now, the promise of distributed ledger technologies (often referred to merely as “blockchains”) has filled the minds of policy makers, politicians, investors, corporate giants, and even the general public. Headlines proclaim that “blockchain will transform business” and...

In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the design of defendants' marketing, websites, disclosures, sales processes, and products. However, advances in technology and...

The Korean language version of this paper can be found at 'http://ssrn.com/abstract=2445107' http://ssrn.com/abstract=2445107Inspired by the success of “automatic enrollment” in increasing participation in defined contribution retirement savings plans, policymakers have put similar policy...

We live in a Track-Me world, one from which opting out is often not possible. Firms collect reams of data about all of us, quietly tracking our mobile devices, our web surfing, and our email for marketing, pricing, product development, and other purposes. Most consumers both oppose tracking and...