Unconscionability 2

Views on Unconscionability

• Leff ? Procedural Unconscionability is okay, but not substantive unconscionability. Judges should not go into details of deal, just make sure the process was okay.

• Eisenberg ? Leff’s distinction is not tenable. Sets forth continuum of conscionability.

• Epstien ? Makes Posner seem like a ‘flaming liberal’, University of Chicago faculty.
? Freedom to contract–anything that interferes, includig unconscionability norm, is carried too far

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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Unconscionability.


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