Michigan Law Review, Issue 107:8 (June 2009)
(Past issues are available on our website.)
FAULT IN CONTRACT LAW
FOREWORD
Omri Ben-Shahar & Ariel Porat, Fault in American Contract Law, 107 Mich. L. Rev. 1341 (2009)
ARTICLES
Richard A. Posner, Let Us Never Blame a Contract Breaker, 107 Mich. L. Rev. 1349 (2009)
Saul Levmore, Stipulated Damages, Super-Strict Liability, and Mitigation in Contract Law, 107 Mich. L. Rev. 1365 (2009)
Robert E. Scott, In (Partial) Defense of Strict Liability in Contract, 107 Mich. L. Rev. 1381 (2009)
Ariel Porat, A Comparative Fault Defense in Contract Law, 107 Mich. L. Rev. 1397 (2009)
Melvin Aron Eisenberg, The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance, 107 Mich. L. Rev. 1413 (2009)
Eric A. Posner, Fault in Contract Law, 107 Mich. L. Rev. 1431 (2009)
George M. Cohen, The Fault That Lies Within Our Contract Law, 107 Mich. L. Rev. 1445 (2009)
Richard A. Epstein, The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying, 107 Mich. L. Rev. 1461 (2009)
Oren Bar-Gill & Omri Ben-Shahar, An Information Theory of Willful Breach, 107 Mich. L. Rev. 1479 (2009)
Richard Craswell, When Is a Willful Breach”Willful”? The Link Between Definitions and Damages, 107 Mich. L. Rev. 1501 (2009)
Steve Thel & Peter Sigelman, Willfulness Versus Expectation: A Promisor-Based Defense of Willful Breach Doctrine, 107 Mich. L. Rev. 1517 (2009)
Roy Kreitner, Fault at the Contract-Tort Interface, 107 Mich. L. Rev. 1533 (2009)
Seana Shiffrin, Could Breach of Contract Be Immoral?, 107 Mich. L. Rev. 1551 (2009)
Steven Shavell, Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts, 107 Mich. L. Rev. 1569 (2009)
Stefan Grundmann, The Fault Principle As the Chameleon of Contract Law: A Market Function Approach, 107 Mich. L. Rev. 1583 (2009)
I am a former Michigan articles editor. The board noticed the absence of women in this symposium and the previous one and formed a committee to address the issue. It is a tricky problem for the student board, as symposium members are usually proposed by a faculty member, but going forward, MLR plans to raise the issue of gender balance with symposium invites. In terms of regular articles, I think any gender bias comes in with how the articles are framed, with men more likely to frame their articles as “bigger” and more important than women. This is something we noticed our year, and tried to correct for it when reading (because the men were exaggerating, of course). We also flagged it as an issue for subsequent articles offices.
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