The Yale Law Journal

Alan Schwartz


Contract Interpretation Redux

Alan Schwartz & Robert E. Scott

119 Yale L.J. 926 (2010). 

Contract interpretation remains the largest single source of contract litigation between business firms. In part this is because contract interpretation issues are difficult, but it also reflects a deep divide between textualist and contextualist theories of interpretatio…


Contract Theory and the Limits of Contract Law

Alan Schwartz & Robert E. Scott

113 Yale L.J. 541 (2003)

This Article sets out a normative theory to guide decisionmakers in the regulation of contracts between firms. Commercial law for centuries has drawn a distinction between mercantile contracts and others, but modern scholars have not systematically pursued the normative impli…