Abstract
In this Article, I track the ongoing adaptation of U.S. contract law to the 1990s' contraction of the welfare state. Many courts partake of the prevailing ideological shift away from socially sensitive adjudication and towards market mechanisms of private autonomy. In legal scholarship, this phenomenon has received considerable attention in the past decade. Other courts, however, strive to compensate for the shortage of welfare services and to pursue redistributive goals. I provide examples of the latter kind of cases and then analyze the non-linear relation between doctrines, judicial redistribution, and welfare politics in both case law and scholarship. Finally, I discuss the role of socially sensitive judicial discourse in light of contemporary welfare politics and explain its continuing importance.
How to Cite
49 Ariz. L. Rev. 665 (2007)
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