The term “liberty of contract” is usually associated with the doctrine that the due process clause of the United States … free-market advocates embrace the liberty of contract doctrine because they are averse to State interference with private … market transactions. But the term is ironic because a contract is only legally binding if courts will enforce it. Since …

rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent …

In the past, legal scholars have analogized the contract to a product, a social artifact, and a form of technology. In … away contracts — and specific contract provisions — to contract users with the goal of enhancing their reputations. In so …. First, the analogy helps to explain why lawyers would invest time and energy in developing contract innovations that are …