Boilerplate
The Fine Print, Vanishing Rights, and the Rule of Law
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Narrated by:
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Christy Lynn
About this listen
Boilerplate - the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets - pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm.
Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.
Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
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Story
The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
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Defending the Undefendable
- By: Walter Block
- Narrated by: Jeff Riggenbach
- Length: 8 hrs and 4 mins
- Unabridged
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Professor Block's book is among the most famous of the great defenses of victimless crimes and controversial economic practices, from profiteering and gouging to bribery and blackmail. However, beneath the surface, this book is also an outstanding work of microeconomic theory that explains the workings of economic forces in everyday events and affairs.
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Stretching My Mind
- By Johnny Noob on 12-14-11
By: Walter Block
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The Original Argument
- The Federalists' Case for the Constitution, Adapted for the 21st Century
- By: Glenn Beck, Pat Gray
- Narrated by: Adam Grupper
- Length: 10 hrs and 56 mins
- Unabridged
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Glenn Beck revisited Thomas Paine’s famous pre-Revolutionary War call to action in his #1 New York Times bestseller Glenn Beck’s Common Sense. Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers.
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A must for Freedom lovers
- By Danny on 06-16-11
By: Glenn Beck, and others
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World-Systems Analysis: An Introduction
- A John Hope Franklin Center Book
- By: Immanuel Wallerstein
- Narrated by: Fred Filbrich
- Length: 4 hrs and 32 mins
- Unabridged
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In World-Systems Analysis, Immanuel Wallerstein provides a concise and accessible introduction to the comprehensive approach that he pioneered 30 years ago to understanding the history and development of the modern world. Since Wallerstein first developed world-systems analysis, it has become a widely utilized methodology within the historical social sciences and a common point of reference in discussions of globalization.
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Uneven, but Ambitious
- By Logical Paradox on 08-27-14
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Why Not Socialism?
- By: G. A. Cohen
- Narrated by: John Lescault
- Length: 1 hr and 8 mins
- Unabridged
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Is socialism desirable? Is it even possible? In this concise book, one of the world's leading political philosophers presents with clarity and wit a compelling moral case for socialism and argues that the obstacles in its way are exaggerated. There are times, G. A. Cohen notes, when we all behave like socialists.
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Not compelling, but OK
- By Angel D. on 01-17-12
By: G. A. Cohen
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
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Blind Spots
- Why We Fail to Do What’s Right and What to Do about It
- By: Max H. Bazerman, Ann E. Tenbrunsel
- Narrated by: Kate McQueen
- Length: 7 hrs and 18 mins
- Unabridged
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When confronted with an ethical dilemma, most of us like to think we would stand up for our principles. But we are not as ethical as we think we are. In Blind Spots, leading business ethicists Max Bazerman and Ann Tenbrunsel examine the ways we overestimate our ability to do what is right and how we act unethically without meaning to.
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Great book! Poor narration
- By Susie on 11-20-17
By: Max H. Bazerman, and others
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The Nonsense Factory
- The Making and Breaking of the American Legal System
- By: Bruce Cannon Gibney
- Narrated by: Matt Kugler
- Length: 17 hrs and 10 mins
- Unabridged
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Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.
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Ruined by obvious bias
- By M. E. Blackman on 10-07-19
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Radical Markets
- Uprooting Capitalism and Democracy for a Just Society
- By: Eric A. Posner, E. Glen Weyl
- Narrated by: James Conlan
- Length: 9 hrs and 7 mins
- Unabridged
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Many blame today's economic inequality, stagnation, and political instability on the free market. The solution is to rein in the market, right? Radical Markets turns this thinking - and pretty much all conventional thinking about markets, both for and against - on its head. The book reveals bold new ways to organize markets for the good of everyone.
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Terrible Reader ruins this book
- By Brian W. Veit on 10-30-18
By: Eric A. Posner, and others
What listeners say about Boilerplate
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Matt
- 01-15-15
Very well thought out
I took one 10 week law course in college and was able to follow about 99% of this book. I is well reasoned and provides possible answers to the problems raised while allowing for the possibility if answers not generated by the author. This is very good book if you are interested in law theory.
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