Back to Contract?

William C. Jones
The idea of contract no longer has the prestige that it once did. No one would write today, as Maine did, that “the society of our day is mainly distinguished from that of preceding generations by the largeness of the sphere which is occupied in it by Contract.” The concept of two private individuals bargaining and forming an agreement that will govern their relationship is foreign to the world of…

Reserved or Separate Gate Doctrine: Has It Come Full Circle?

Martin L. Garden