Title

A Note on Trend-Spotting in the Case Law

Document Type

Article

Publication Date

1999

ISSN

0161-6587

Publisher

Boston College Law School

Language

en-US

Abstract

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."

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