Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type


Publication Date





Boston College Law School




Professor Robert Hillman tells us that he "will not try to resolve whether ... we should be enthusiastic or lament the recent judicial trend to apply rules that favor written contracts." This is a refreshingly non-dogmatic approach in a field where scholars are continually asserting reasons to celebrate or lament some new judicial trend. Moreover, Professor Hillman, again admirably in my view, is not even sure such a trend exists. If there is a trend in favor of written contracts, however, he believes that it has resulted because (1) "judicial decisions applying private law reflect changes in public opinion," and (2) public opinion has grown "more distrustful of big government, more wary of nondemocratic institutions such as the judiciary, and more respectful of market exchange."

Link to Publisher Site Link to Publisher Site (BU Community Subscription)

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.