Mapping the New Frontiers of Private Ordering: Afterward

22 Pages Posted: 5 Oct 2007

See all articles by Martha M. Ertman

Martha M. Ertman

University of Maryland Francis King Carey School of Law

Abstract

Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman's Afterward to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that "private ordering" better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably within contractual thinking.

Keywords: contracts

Suggested Citation

Ertman, Martha M., Mapping the New Frontiers of Private Ordering: Afterward. Arizona Law Review, Vol. 49, No. 2, p. 695-715, Summer 2007, U of Maryland Legal Studies Research Paper No. 2007-31, Available at SSRN: https://ssrn.com/abstract=1019306

Martha M. Ertman (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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