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Article on contract standardization


Readers may find interesting the following recent article comparing trends
in technological and contract standardization:

Margaret Jane Radin, "Online Standardization and the Integration of Text
and Machine," 70 Fordham L. Rev. 1125 (2002).

Of particular interest may be Prof. Radin's predictions of increasing
contract standardization, wholly automated contracting between businesses,
and tiered, fee-based, licensing options.  Regarding the latter, Prof.
Radin writes, "... customization of terms and conditions is possible.
Instead of a take-it-or-leave-it set of fine print terms, a website could
offer a menu of choices for various clauses, and the user could check
boxes for which ones were desired. One might choose the warranty
disclaimer (free) or the two-year warranty (pay $1 extra); one might
choose to accede to the arbitration clause (free) or the clause allowing
litigation in one's home state (pay $2 extra)" (1144).

                    		Rob Richards
        Technical Services Librarian, University of Colorado Law Library
		     402 UCB, Fleming Law Building, Rm 190
			   2405 Kittredge Loop Drive
			    Boulder, CO 80309-0402
                 Telephone: (303) 492-2706, Fax: (303) 492-2707
                      E-mail: rrichard@stripe.Colorado.EDU
                  URL: http://www.Colorado.EDU/Law/lawlib/rr.htm
Any opinions expressed above are mine, and not necessarily those of my employer.