Working Paper No. 08-51:
Freedom of Contract

Author(s):

David Bernstein

Date Posted: August 2008

Availability:
Abstract (below) | Full text (most recent) on SSRN

Abstract:

This essay provides a concise overview of the history of the constitutional status of freedom of contract in the United States, with particular attention to the rise and fall of the "liberty of contract" doctrine in the early 20th century.