van ALSTINE, Michael P. [U.S.]

1999. Of Textualism, Party Autonomy, and Good Faith, 40 William & Mary Law Review (1999) 1223-1312 [Written entirely in the context of U.S. UCC and common law experience. Discusses and criticizes what the author characterizes as a growing U.S. trend (the "textualist approach to good faith"): restrict the use of good faith as a device to change the parties' bargain. Cf. the CISG, not discussed in this commentary, whose reference to good faith is less explicit than under the UCC. Also discusses party autonomy (bargaining around good faith requirements): it is the author's thesis that "the doctrine of good faith . . . impose[s] a heightened burden of expression for bargaining around its strictures with respect to discretionary contractual powers."]