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The Faulty Foundation of the Draft Restatement of Consumer Contracts
Yale Journal on Regulation
  • Adam J Levitin, Agnes N. Williams Research Professor and Professor of Law, Georgetown University Law Center
  • Nancy S Kim, ProFlowers Distinguished Professor of Internet Studies and Professor of Law, California Western School of Law
  • Christina L Kunz, Emerita Professor of Law, Mitchell Hamline School of Law
  • Peter Linzer, Professor of Law, University of Houston Law Center
  • Patricia A. McCoy, Professor of Law, Boston College Law School
  • Juliet M. Moringiello, Commonwealth Professor of Business Law, Widener University Commonwealth Law School
  • Elizabeth A Renuart, Of Counsel, National Consumer Law Center,
  • Lauren E. Willis, Professor of Law and William M. Rains Fellow, Loyola Law School, Los Angeles
Publication Date

Professor Gregory Klass's replication study of the Draft Restatement of the Law of Consumer Contract's empirical analysis of privacy policies found troubling and pervasive problems with the Reporters' coding of cases. We extended Professor Klass's study with a replication of the coding of the two largest datasets supporting the Draft Restatement, those on the enforceability of unilateral contract modifications and those on the enforceability of clickwrap assent. For the replication, we reviewed 186 cases blind to the Reporters' coding.

Citation Information
Adam J Levitin, Nancy S Kim, Christina L Kunz, Peter Linzer, et al.. "The Faulty Foundation of the Draft Restatement of Consumer Contracts" (2019)
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