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Thursday, June 28, 2012

Charles Fried and Randy Barnett Debate on the Subject of:

Contract theory.  Fooled ya.

Fried-mainOn March 24, 2011, Charles Fried, yes, the same Harvard Law School professor who was lead counsel on the amicus brief supporting the constitutionality of the Affordable Care Act, and Randy Barnett, yes, the same Georgetown Law Center professor who was perhaps the leading academic spokesman for the challenge, concluded their ACA 2124 debate over at that other school across the Charles, hopped on the Red Line (figuratively speaking), and came down to Suffolk University Law School.

The next day, just a few steps from the Granary Burying Ground and the Park Street T station, they joined a host of notable scholars we gathered to reflect on the thirtieth anniversary of the publication of Professor Fried's Contract as Promise.  If you find that ACA and constitutional stuff all well and good, but really get moving in life when you think about contract theory, you can now access the papers published in the Suffolk Law Review.

There you can consider contract as promise (Fried), contract as consent (Barnett), or any of the other perspectives offered by Professors Barbara Fried (Stanford), Jean Braucher (Arizona), Brian Bix (Minnesota), Richard Craswell (Stanford), Avery Katz (Columbia), Daniel Markovits and Alan Schwartz (Yale), George Triantis (Harvard, now Stanford), Juliet Kostritsky (Case Western), Curtis Bridgeman (Florida State) & John C.P. Goldberg (Harvard), Henry Smith (Harvard), Roy Kreitner (Tel Aviv), and Nathan Oman (William & Mary).  

There's also my introduction, which both summarizes the proceedings and puts my particular spin on the whole thing.  

We now return you to your irregularly scheduled programming.

Posted by Jeff Lipshaw on June 28, 2012 at 11:47 AM | Permalink

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