• What is the Sound of One Form Flapping?: Hill v. Gateway 2000, Inc. and the Deconstruction of Individual Autonomy

    Author(s):
    Daniel Barnhizer
    Date:
    2018
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/5wqg-nx51
    Abstract:
    Hill v. Gateway 2000, Inc.1 is a fantastically awful decision. Legally, Judge Frank Easterbrook’s analysis and reasoning2 either ignore or grossly mischaracterize the law in several respects. Practically, Hill (along with its partner-in-crime, ProCD v. Zeidenberg)3 led later courts to rewrite the law of sales, particularly with respect to consumer transactions.4 Pedagogically, this decision has been justifiably ridiculed as meriting an “F” if it were presented on a law school exam. 5 Judicially, and from a Rule of Law perspective, this case demonstrates the ability of judicial ego and a desire to shape the law to the judge’s own preferences to produce unintended consequences and incoherence in the law. On every level, Hill is a bad decision.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    4 weeks ago
    License:
    Attribution
    Share this:

    Downloads

    Item Name: pdf what-is-the-sound-of-one-form.pdf
      Download View in browser
    Activity: Downloads: 0