Section 1981 as Contract Law

December 21, 2025

Argues that 42 U.S.C. Section 1981, a federal antidiscrimination law, counts as contract law, and that has implications for doctrinal analysis, normative and interpretive theories of contract law, and how we teach and record contract law in treatises, casebooks, and other comprehensive doctrinal summaries.

Full Citation

Erik Encarnacion. “Section 1981 as Contract Law.” In 111 Virginia Law Review, Page 1605 (December 21, 2025). View online.