This essay provides a concise overview of the history of the constitutional status of freedom of contract in the United States, with particular attention to the rise and fall of the "liberty of contract" doctrine in the early 20th century.
Tuesday, August 26, 2008
Bernstein overview of Freedom of Contract
Freedom of Contract, a new essay by David E. Bernstein, George Mason University School of Law, is a short, accessible overview of the subject, with a very short abstract. It reads like an encyclopedia entry, although publication information isn't posted with this draft. Here's the abstract: