David A. Hoffman and Cathy Hwang, The Social Cost of Contract, __ Columbia L. Rev. __ (forthcoming), available at SSRN.

Eyal Zamir

Almost ninety years ago, Morris Cohen taught us that the primary role of contract law is to place the enforcement mechanism of the state at the service of one party against the other (Cohen 1933, Pp. 585–86; see also Zamir 1997, Pp. 1777–78). Since enforcement of contracts entails the exercise of governmental powers and the use of public resources, […]