“You Are Asking Me About Reading Things I Never Had to Read”: Consumer Contracting in Historical Context

Anne Fleming, The Rise and Fall of Unconscionability as the ‘Law of the Poor’, 102 Geo. L. J. 1383 (2014).

Tess Wilkinson-Ryan

Who is best suited to police unfair terms—the market, the judiciary, or the legislature? Williams vs. Walker-Thomas Furniture has long been offered as a cautionary tale, but in her 2014 article, legal historian Anne Fleming takes on the standard narrative of judicial overreach and recasts the relationships among institutional actors in a reform movement.

In 1965, Judge Skelly Wright ruled […]