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51 Ariz. L. Rev. [i] (2009)

handle is hein.journals/arz51 and id is 1 raw text is: AR I ZONA REVI EW VOLUME 51 2009 NUMBER 1 CONTENTS PAGE ARTICLES CONTRACTS AS ORGANIZATIONS D. Gordon Smith & Brayden G. King 1 Empirical studies of contracts have become more common over the past decade, but the range of questions addressed by these studies is narrow, inspired primarily by economic theories that focus on the role of contracts in mitigating ex post opportunism. We contend that these economic theories do not adequately explain many commonly observed features of contracts, and we offer four organizational theories to supplement-and in some instances, perhaps, challenge-the dominant economic accounts. The purpose of this Article is threefold: first, to describe how theoretical perspectives on contracting have motivated empirical work on contracts; second, to highlight the dominant role of economic theories in framing empirical work on contracts; and third, to enrich the empirical study of contracts through application of four organizational theories: resource theory, learning theory, identity theory, and institutional theory. Outside economics literature, empirical studies of contracts are rare. Even management scholars and sociologists who generate organizational theories largely ignore contracts. Nevertheless, we assert that these organizational theories provide new lenses through which to view contracts and help us understand their multiple purposes. COMMENTARY Robert P. Bartlett, I1 47 COMMENTARY Anna Gelpern 57 ASK NOT WHAT YOUR CHARITY CAN DO FOR YOU: ROBERTSON V. PRINCETON PROVIDES LIBERAL-DEMOCRATIC INSIGHTS INTO THE DILEMMA OF CYPRES REFORM Iris J Goodwin 75 This Article centers on a long-standing problem in the law of public charity: how to ameliorate the force of restrictions imposed by donors on large gifts in the face of societal change. Donors of these gifts often seek to advance personal beliefs or social agenda by limiting funds to particular programs. Under current law, such restrictions obtain in perpetuity, potentially functioning as a dead hand upon the charity with the passage of time. This Article explores the challenge of defining a substantive standard that acknowledges changes in social efficacy and

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