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    Contract and Procedure

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    Full-text available at SSRN. See link in this record. (18.68Kb)
    Issue Date
    2011
    Author
    Drahozal, Christopher R.
    Publisher
    Marquette University Law School
    Type
    Article
    Is part of series
    UGA Legal Studies Research Paper;No. 11-02
    Version
    http://ssrn.com/abstract=1761407
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    Abstract
    This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and the scope of an arbitrator's ability to fill gaps in parties' procedural contracts (at issue in the Supreme Court's recent Stolt-Nielsen decision). At an empirical level, this paper taps a largely unexplored database of credit card contracts available at the Federal Reserve in order to examine actual practices in the use of procedural contracts.
    Description
    Full-text available at SSRN. See link in this record.
    URI
    http://hdl.handle.net/1808/11256
    Collections
    • Law School Scholarly Works [617]
    • Distinguished Professors Scholarly Works [918]
    Citation
    Christopher R. Drahozal & Peter B. Rutledge, Contract and Procedure, 94 MARQ. L. REV. 1103 (2011); UGA Legal Studies Research Paper No. 11-02.

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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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