Washington and Lee University School of Law
The Cost of Consent: Optimal Standardization in the Law of Contract
This article argues that informed consent to contract terms is not a good to be maximized, but is rather an information cost that courts should minimize. The goal of mass-market contract law ought to be to keep costs low by encouraging contract standardization. The article applies information cost theory to show that information-forcing rules are often inefficient at both the micro- and macroeconomic levels. Such rules also impose greater costs on third parties than the benefits they create for the contracting parties. When one consumer creates an idiosyncratic deal, the information-savings benefits of standardization are reduced for all other potential consumers. The article demonstrates that in some cases courts are already abandoning a rigid view of contractual consent where consent is too costly; but that under other doctrines courts insist on an inefficient level of informed contractual consent
Refining the Government Relations Program: The Final Report of the Task Force on AALL\u27s Government Relations Activities
During the summer of 1993, Kay Todd, President Elect of the American Association of Law Libraries, named a special task force to review the Association\u27s government relations activities, presenting it with a goal of achieving a better coordination of such activities. The charges to the Task Force on AALL\u27s Government Relations Activities and the processes that the Task Force utilized in fulfilling these charges are outlined in the final and interim reports of the Task Force, which follow this introduction. The Interim Report of the Task Force was submitted to the AALL Executive Board prior to its April 1994 meeting for information purposes only. The Final Report, issued on June 21, 1994, outlined nine recommendations relating to AALL\u27s government relations activities. This report was considered by the Executive Board at its July 7-8, 1994, meetings. This introduction details the Executive Board\u27s actions on the nine recommendations of the Final Report. It is followed by the text of the Final Report, as submitted to the AALL Board but with added footnote information to facilitate access to material cited in the Report. The Interim Report is included as an appendix to the Final Report
The Bankruptcy Discharge: Toward a Fresher Start
D. J. Cooper, et al. v. Corrie Horn, et al.
Supreme Court of Virginiahttps://scholarlycommons.law.wlu.edu/va-supreme-court-records-vol248/1069/thumbnail.jp
Robert Raymond Harrah, Administrator of the Estate of Peggy E. Harrah, deceased v. James E. Washington, Jr. and Rite Cable Construction, Inc.
Supreme Court of Virginiahttps://scholarlycommons.law.wlu.edu/va-supreme-court-records-vol252/1036/thumbnail.jp
American Railway Express Company v. Fleishman Morriss & Company, Inc.
Supreme Court of Appeals of Virginia at Richmondhttps://scholarlycommons.law.wlu.edu/va-supreme-court-records-vol149/1005/thumbnail.jp