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Radin, Margaret Jane

Henry King Ransom Professor of Law

332 Hutchins Hall
734.763.4861
E-mail mjradin@umich.edu
Margaret Jane Radin, the Henry King Ransom Professor of Law, teaches courses about contracts and patents, as well as those dealing with property theory, the interaction between property and contracts, and the evolution of property and contracts in the digital era. She authored Boilerplate (Princeton University Press, 2012), which explores the problems posed for the legal system by adhesion contracts and how they might be ameliorated. She also has written two books exploring the problems of propertization: Contested Commodities (Harvard University Press, 1996) and Reinterpreting Property (University of Chicago Press, 1993), and coauthored a casebook, Internet Commerce: The Emerging Legal Framework, Second Edition (Foundation Press, 2005). Prof. Radin has taught at the University of Southern California, Stanford University, Harvard University, University of California, Berkeley (Boalt Hall), and New York University. In 2006-2007, she was the inaugural Microsoft Fellow in Law and Public Affairs at Princeton University. In 2008, she became a fellow of the American Academy of Arts and Sciences. Prof. Radin received her AB from Stanford, where she majored in music, and her MFA in music history from Brandeis University. She was advanced to candidacy for the PhD in musicology at UC Berkeley before she changed her career path to law and received her JD from the University of Southern California in 1976. She remains an avid amateur flutist.

Recent Publications

More Publications...


What Boilerplate Said: A Response to Omri Ben-Shahar (and a Diagnosis). Univ. of Michigan Public Law and Legal Theory Working Paper Series, No. 392; Univ. of Michigan Law School, Law & Economics Research Paper Series, No. 14-007. Working Paper, 2014.
Full Text: MLaw Repository | SSRN

​"Less Than I Wanted To Know: Why Do Ben-Shahar and Schneider Attack Only 'Mandated' Disclosure?" Jer. Rev. Legal Stud. (Forthcoming, 2014).
Full Text: SSRN​​

"Boilerplate:  A Threat to the Rule of Law?" In Private Law and the Rule of Law, edited by L. M. Austin and D. Klimchuk. Oxford University Press, Forthcoming, 2014.​
Full Text: SSRN

"An Analytical Framework for Legal Evaluation of Boilerplate." In Philosophical Foundations of Contract Law, edited by G. Lestas, P. Saprai, and G. Klass. Oxford University Press, Forthcoming, 2014.

​"Of Priors and Disconnects." Harv. L. Rev. F. 127, no. 7 (2014): 259-72.
Full Text: SSRN | WWW​​

​Review of The 3-1/2 Minute Transaction: Boilerplate and the Limits of Contract Design, by R. E. Scott and M. Gulati. L. & Pol. Bk. Rev. 23, no. 6 (2013): 302-4.
Full Text: WWW​​​

"Response: Boilerplate in Theory and Practice." Can. Bus. L. J. 54, no. 2 (2013): 292-306.

Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law. Princeton, N.J.: Princeton University Press, 2013.

"Rhetorical Capture." Ariz. L. Rev. 54, no. 2 (2012): 457-68. (Symposium: Political Discourse, Civility, and Harm.)
Full Text: HEIN (UMich users) | HEIN | Westlaw | WWW

"Reconsidering Boilerplate: Confronting Normative and Democratic Degradation." Cap. U. L. Rev. 40, no. 3 (2012): 617-56.
Full Text: HEIN (UMich users) | HEIN | Westlaw

"In Tribute: Frank I. Michelman." Harv. L. Rev. 125, no. 4 (2012): 896-900.
Full Text: HEIN (UMich users) | HEIN | WWW

"Property Longa, Vita Brevis." Wis. L. Rev. 2011, no. 2 (2011): 111-21. (Originally presented as a speech at the Wisconsin Law Review Symposium on Intellectual Property and Intergenerational Equity, November 2010)
Full Text: HEIN (UMich users) | HEIN | Westlaw | WWW

"Form Contracts and the Problem of Consumer Information." J. Inst. & Theoretical Econ. 167, no. 1 (2011): 49-55.
Full Text: IngentaConnect (UMich users) | IngentaConnect

"The Rule of Law in the Information Age: Reconciling Private Rights and Public Values." J. L. Phil. & Culture 4, no. 1 (2009): 83-105.
Full Text: HEIN (UMich users) | HEIN
Professor

Activities

​Elected to the American Law Institute, October 2013.

Participated in "Boilerplate 2.0," a conference inspired by her book, Boilerplate, at the University of Toronto, April 2013.

Presented the lecture, "Bodies and Markets: Ethical Arguments and Choices," Festival d’Economia: I confini della Liberta Economica," Trento, Italy, June 2011.

Presented the Sullivan Lecture, "Reconsidering Boilerplate: Confronting Normative and Democratic Embarrassments," Capital University Law School, April 2011.

Presented the Grafstein Lecture, "Boilerplate is Changing our Legal Universe," University of Toronto Faculty of Law, March 2011.

Presented "World B: My Way or the Highway in Contract Law," Duke University Law School Legal Theory Workshop, February 2011.

 
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