Prof. Lauren Henry Scholz

About

This summer Lauren Scholz will work on a number of scholarly projects. First a study about how textualism in contract law has caused a transfer of power to software companies (or platforms) from other sophisticated businesses. Second, a paper about the importance of “substantial performance” in common law contracts. It argues that the doctrine is overlooked because it is out of step with both leading approaches to contract theory, law and economics and corrective justice. Ignoring substantial performance has made contract law crueler than it must be and has decreased the relevance of legal analysis to real deal making and execution. Taking “substantial performance” seriously as a central feature of contract law should change how contract law functions.

Her work focuses on the intersection of technology, contract law, and privacy. Her work has been published in many influential law reviews and edited volumes. Her current projects focus on artificial intelligence’s applications to contract law and the relationship between privacy as an individual right and privacy as a collective societal good. She has previously been a fellow at Yale’s Information Society Project and Harvard’s Project on the Foundations of Private Law. She earned her JD from Harvard Law School and her BA from Yale College.