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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