Reading(s): Franz Wieacker, The History of Private Law in Europe with Special Reference to Germany Duncan Kennedy, The Political Significance of the Structure of the Law School Curriculum, 14 Seton Hall L. Rev. 1 (1983) [OPTIONAL] Walter Gellhorn replies (sharply) to Kennedy Charles Fried, Contract as Promise (Harvard 1981) Randy Barnett, A Consent Theory of Contract, 86 Colum.. L. Rev. 269 (1986) (Contract Defenses) Alan Schwartz, Justice and the Law of Contracts: A Case for the Traditional Approach, 9 Harv. J. L.& Pub. Pol’y 107 (1986) Martijn Hesselink, The Socialization of Private Law, from CFR and Social Justice: A Short Study for the European Parliament on the Values Underlying the Draft Common Frame of Reference for European Private Law: What Roles for Fairness and Social Justice? (Sellier 2008), pp. 13-14 Duncan Kennedy, Distributive and Paternalist Motives in Contract and Tort Law with Special Reference to Compulsory Terms and Unequal Bargaining Power, 41 Maryland L. Rev. 563 (1982), Pages 563-77, 590-96 Duncan Kennedy, List of Restrictions on Autonomy in Relationships (1999 unpublished)

Reading(s): Kessler & Gilmore, Tort as the Pioneer of Progress Eckenrode v. Life of America Insurance Co. (Epstein note) George v. Jordan Marsh Rockhill v. Pollard, Agis v. Howard Johnson Simon v. Solomon

Reading(s): Obstetrics & Gynecologists Ltd. V. Pepper Epstein notes on malpractice risk

Reading(s) Kline v. 1800 Mass. Ave. & Epstein note 1

Reading(s): Escola v. Coca Cola & Epstein notes Greenman v. Yuba Power & Epstein notes Epstein Note 4 (nondisclaimability of products liability duties)

Reading(s): Singer, Regulation of Landlord-Tenant Relationships & Summary process vs. self-help Singer, The Implied Warranty of Habitability Javins v. First National Realty Corp Singer, Notes & Questions on Javins

Reading(s) Singer, Note, Debtor Protection Legislation Stonebraker v. Zinn Sebastian v. Floyd Singer, Notes & Questions on installment sales contracts

Reading(s): Appel v. Presley Co Singer, Notes & Questions on Appel v. Presley

Reading(s): Williams v. Walker-Thomas Furniture Co. Knapp et al., Notes & Questions on Unconscionability, Knapp et al., Comment: Consumer Protection Legislation Charles Fried, Contract as Promise (Hard Bargains) Duncan Kennedy, Cost-Benefit Analysis of Debtor Protection Rules in Sup-prime Market Default Situations, in Eric Belsky and Nicholas Retsinas, Building Assets, Building Credit (Brookings 2005) [OPTIONAL] Singer, Arguments and Counter-arguments on compulsory terms [OPTIONAL] Allen Kamp, Downtown Code: A History of the Uniform Commercial Code 1949-1954 [OPTIONAL] Paul Samuelson, Economics (5th ed. 1960) (Supply and demand and the incidence of a tax) [OPTIONAL] Duncan Kennedy, Outline on the analogy between a compulsory term and a tax

Reading(s): Jay Fineman, Un-Making Law: The Classical Revival in the Common Law, 28 Seattle U. L. Rev. 1 (2004), PAGES 1-21, 26-39, 48-59 Joshua Wright & Douglas Ginsberg, Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty, 106 Northwestern L. Rev. 1033, PAGES 1034-36,1041-1044, 1048-52, 1057-58, 1067-88

Reading(s): Reinhard Zimmerman & Simon Whittaker, Good Faith in European Contract Law (Cambridge 2000)

Reading(s): The Unfair Terms Directives: 93/13/EEC and 2005/29/EC Geraint Howells & Stephen Weatherill, Consumer Protection Law, 2nd ed. 2005, Ch. 5