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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