"We Insist! Freedom Now": Does Contract Doctrine Have Anything Consitutional to Say?

Keren, Hila

Journal: Michigan Journal of Race and Law

Volume: 11

First Page: 133

Year: 2005

Bluebook Citation: 11 MICH. J. RACE & L. 133 (2005)

Author: Hila Keren: all 11 publications


Abstract

This Article first exposes the detachment between contract doctrine and the scattered antidiscrimination norms and analyzes the harmful consequences of this detachment. It then creates an original meeting point between the two bodies of law, one of which is intentionally located within contract doctrine. This point is found by dismantling the dominant concept of "freedom OF contact", and especially by defining and establishing the freedom to make a contract.

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