By listening to this podcast YOU AGREE to arbitrate all disputes in Florida and to forego class actions and consequential damages. This week: Jim Gibson on boilerplate terms in contracts. What to do with contract terms that aren’t read?  

This show’s links:


Jim Gibson’s faculty profile and writing
James Gibson, Boilerplate's False Dichotomy
Lucian Bebchuk and Richard Posner, One-Sided Contracts in Competitive Consumer Markets
Karl Llewellyn, Review: The Standardization of Commercial Contracts in English and Continental Law by O. Prausnitz
ProCD v. Zeidenberg
Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
Boilerplate: Foundations of Market Contracts, a Michigan Law Review symposium that includes writing by Omri Ben-Shahar, Margaret Jane Radin, Todd Rakoff, Henry Smith, and many others
Special Guest: Jim Gibson.

Episode 133: Too Many Darn Radio Buttons

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We discuss the morality of concurring and dissenting. And the usual nonsense.

Episode 217: Except as to Part I(A) Yada Yada

Joe and Christian talk about the pandemic and, then, some nonsense.

Episode 216: Mac-a-tizer

We discuss the march on the Capitol and... all this.

Episode 215: Whirlpool of Garbage

In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and children.

Episode 214: Small Claims

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And other things as well.

Episode 133: Too Many Darn Radio Buttons

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