About the Workshop
Every year BCPLT brings to Berkeley a group of prominent contract theorists from both the US and elsewhere to present and discuss original papers in contract theory, broadly defined.
Organizing Committee
Hanoch Dagan
Elizabeth J. Boalt Distinguished Professor of Law and Founding Director, Berkeley Center for Private Law Theory
Berkeley Law
Aditi Bagchi
Professor of Law
Fordham Law
Roy Kreitner
Professor of Law
Tel-Aviv University
Program
The program features 6 sessions in which we will discuss 12 papers dedicating 50 minutes to each. The discussion will begin with the commentator who will have 15 minutes to speak, followed by a brief response (5 to 10 minutes) by the author and then an open discussion. We obviously encourage all participants to read the papers in advance to facilitate discussion during the conference.
Agenda
Friday March 6 – Berkeley Law, Room 170
Gathering: 8:45 am – 9:00 am
Session 1: 9:00 am – 10:40 am
Presenter: Ciara Kennefick: The Political in Contract Law: The Just Price and the French Revolution
Commentator: Crescente Molina
Presenter: Chris Mills: Contract as Promise: Political not Metaphysical
Commentator: Sabine Tsuruda
Break: 10:40 am – 11:00 am
Session 2: 11:00 am – 12:40 pm
Presenter: Bertram Lomfeld: The Plural Reasons of Contract: A Discourse Theory of Contract Law
Commentator: Prince Saprai
Presenter: Mel Eisenberg: The Role of Morality, Fairness, and Justice in Contract Law
Commentator: Mark Gergen
Lunch: 12:40 pm – 2:10 pm
Session 3: 2:10 pm – 3:00 pm
Presenter: Ethan Leib: On Recitals and Contract Interpretation
Commentator: Aditi Bagchi
Break: 3:00 pm – 3:20 pm
Session 4: 3:20 pm – 5:00 pm
Presenter: Julian Jonker: Stability in Contract
Commentator: Tamar Kricheli-Katz
Presenter: Hao Jiang: The Right to Escape a Contract: A Unified Theory of Changed Circumstances
Commentator: Alan Schwartz
Break: 5:00 pm – 5:20 pm
Session 5: 5:20 pm – 6:00 pm
Presenter: Thomas Christiano: Consent and Democracy
Commentator: Daniel Viehoff
Dinner: 6:30 pm – 8:30 pm
Saturday March 7 – Faculty Club
Session 6: 9:15 am – 10:55 am
Presenter: Kelvin Hiu Fai Kwok: Inter-Consumer Trade-offs in Consumer Contract Law
Commentator: Manisha Padi
Presenter: Arie Rosen: Liberal Political Authority and Private Right
Commentator: Nick Sage
Break: 10:55 am – 11:15 am
Session 7: 11:15 am– 12:55 pm
Presenter: Sonia Katyal: Art in Walled Gardens
Commentator: Michael Heller
Presenter: Orit Gan: Consent to Contract and Epistemic Injustice
Commentator: Lorenz Kahler
Lunch: 12:55 pm
Participants (updated 10/28; more to come)
Kelvin Hiu Fai Kwok, Hong Kong
Bertram Lomfeld, Freie University Berlin
Florencia Marotta-Wurgler, NYU
Nick Sage, London School of Economics
Prince Saprai, University College London
Password-Protected Papers
Papers can only be accessed with a password. Please click the page above to access the papers.