Views on Unconscionability in the United States

• Leff ◦ Procedural unconscionability is okay, but not substantive unconscionability. Judges should not go into details of deal, just make sure the process was okay.

• Eisenberg ◦ Leff’s distinction is not tenable. Sets forth continuum of conscionability.

• Epstien ◦ Makes Posner seem like a ‘flaming liberal’, University of Chicago faculty.
◦ Freedom to contract–anything that interferes, includig unconscionability norm, is carried too far