Placeholder on Dell

I’ve no time to do a thorough analysis but the Dell decision was handed down by the Supreme Court this morning.

Court split 6-3.

The case has interesting things to say about

arbitration
contracts of adhesion in consumer matters
click-through contracting on websites
the relationship between the Civil Code and the principles of private international law.

And its the first time that the court has referred to Max Weber‘s typologies of legal rationality in On Law in Economy and Society, for which see Rheinstein, Kronman and now Duncan Kennedy.

Now over to Vincent for the full analysis

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