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Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker 2020 University of Pennsylvania Carey Law School 81818app手机版下载

Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker

Faculty Scholarship at Penn Law

Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.

81818app手机版下载Prior work ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


Rethinking Mistake In The Age Of Algorithms, Vincent OOI, Kian Peng SOH 2020 Singapore Management University

Rethinking Mistake In The Age Of Algorithms, Vincent Ooi, Kian Peng Soh

Research Collection School Of Law

81818app手机版下载In our previous note: Cryptocurrencies and Code before the Courts ((2019) 30(3) King’s Law Journal 331 - 337), we discussed the Singapore International Commercial Court (High Court)’s decision in B2C2 Ltd v Quoine Pte Ltd. The case subsequently went on appeal, and the Singapore International Commercial Court (Court of Appeal), by a majority, affirmed the decision of the lower court in Quoine v B2C2 (“Quoine”). The case of Quoine represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software. In our recent case note ...


Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl 2020 University of Pennsylvania Law School

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Faculty Scholarship at Penn Law

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv ...


Private Ordering And The Role Of Shareholder Agreements, Jill E. Fisch 2020 University of Pennsylvania Carey Law School

Private Ordering And The Role Of Shareholder Agreements, Jill E. Fisch

Faculty Scholarship at Penn Law

Corporate law has embraced private ordering -- tailoring a firm’s corporate governance to meet its individual needs. Firms, particularly venture-capital backed start-ups, are increasingly adopting firm-specific governance provisions such as dual-class voting structures, arrangements to create stable shared control rights among a coalition of minority shareholders, and provisions that limit the permissible fora for shareholder litigation. Courts have broadly upheld these provisions as consistent with the contractual theory of the firm. Commentators too, while finding some governance provisions objectionable, nonetheless support a private ordering approach as facilitating innovation and enhancing efficiency.

81818app手机版下载Although most analyses of private ordering focus on provisions ...


Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke 2020 Columbia University

Incorporating Free, Prior And Informed Consent (Fpic) Into Investment Approval Processes, Kelly Dudine, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

81818app手机版下载Investment approval processes are the gateway through which governments set the agenda for their country’s investment environment. Yet too often these processes fail to incorporate meaningful requirements regarding participation in decision-making by Indigenous and other affected communities, increasing the risk of under-performing and conflict-ridden investments.

Enabling meaningful participation by rights holders and obtaining and maintaining their Free, Prior and Informed Consent (FPIC) throughout different investment approval processes can help governments to fulfill their legal obligations, mitigate financial and political risk, and, ultimately, attract more sustainable land-based investments.

Featuring concrete guidance and drawing on case studies from Kenya, Liberia, Mexico ...


The Social Cost Of Contract, David A. Hoffman, Cathy Hwang 2020 University of Pennsylvania Carey Law School 81818app手机版下载

The Social Cost Of Contract, David A. Hoffman, Cathy Hwang

Faculty Scholarship at Penn Law

81818app手机版下载When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular contracts—such as following through with weddings, conferences, and other large gatherings—will greatly increase the risk of rapidly spreading disease. A close reading of past cases illustrates that when social hazards sharply increase after formation, courts have sometimes rejected, reformed, and reinterpreted contracts so that parties who breach to reduce external harms are not left holding the bag.

81818app手机版下载This Essay builds on that observation in making two contributions. Theoretically, it characterizes contracts ...


The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie McGuinness 2020 Brooklyn Law School

The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness

Brooklyn Journal of Corporate, Financial & Commercial Law

81818app手机版下载Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory ...


When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl 2020 University of Pennsylvania Law School 81818app手机版下载

When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl

Faculty Scholarship at Penn Law

Technology lawyers, intellectual property (IP) lawyers, or even any corporate lawyer with technology clients must understand standard essential patents (SEPs) and how their licensing works to effectively counsel their clients. Whether the client’s technology is adopted into a voluntary standard or not may be the most important factor in determining whether the company succeeds or is left behind in the market. Yet even though understanding SEPs is critical to a technology or IP practice, voluntary standards and specifically SEPs are generally not taught in law school.

This article aims to address this deficiency and create more practice-ready law school ...


Reputational Economies Of Scale, Daniel M. Klerman, Miguel de Figueiredo 2020 USC Law School 81818app手机版下载

Reputational Economies Of Scale, Daniel M. Klerman, Miguel De Figueiredo

University of Southern California Legal Studies Working Paper Series

81818app手机版下载For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...


Legal Process Outsourcing: Analyzing And Managing The Prospective "Make Or Buy" Decision By Ontario Law Firms, Brandon Keshen 2020 University of Windsor

Legal Process Outsourcing: Analyzing And Managing The Prospective "Make Or Buy" Decision By Ontario Law Firms, Brandon Keshen

Major Papers

This paper examines the costs, risks and benefits associated with law firms outsourcing some of their core business activities to legal process outsourcers (“LPOs”). Similar to other outsourcing operations, LPOs supply services for a fraction of the cost of what law firms charge for similar services. Common in manufacturing industries, the decision to outsource, or keep work in-house (also referred to as a “make or buy” decision), has become more prevalent in the area of business services, including client service industries such as consulting and financial management. With respect to legal services, recent and rapid changes to the legal profession ...


Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh 2020 Pepperdine University 81818app手机版下载

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest ...


Clarifying Washington's Approach To The Independent Duty Doctrine, Margaret Wykowski 2020 University of Washington School of Law

Clarifying Washington's Approach To The Independent Duty Doctrine, Margaret Wykowski

Washington Law Review

81818app手机版下载When faced with limited or no recovery under contract law, resourceful lawyers often turn to tort law. The economic loss rule restricts this practice by barring recovery in tort for solely economic losses. However, what qualifies as “economic loss” is not always clear. In 2010, the Washington State Supreme Court announced it was clarifying the economic loss rule by adopting the independent duty doctrine. Rather than analyze the type of loss suffered, the independent duty doctrine determines whether a party owed a tort duty independent of the relevant contract, closely mirroring a traditional tort inquiry. When establishing the independent duty ...


China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie 2020 Brooklyn Law School 81818app手机版下载

China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie

Brooklyn Journal of International Law

In 2013, China launched the Belt and Road Initiative (BRI) to realize the vision of revitalizing the ancient Silk Road. The BRI can be characterized as a vast infrastructure development initiative spanning over sixty-five countries that total almost half of the world's GDP. Since its launch, BRI projects have primarily been financed through commercial loans provided by Chinese banks, creating concerns over debt sustainability. At the top of these concerns are fears over whether participation in the BRI will lead to a "debt-trap scenaro." Public-Private Partnerships (PPPs) provide an alternative financing option. In project development under a PPP, particularly ...


A Lottery Ticket Is An Express Written Contract And The General Assembly Waived Their Own Instrumentality From Sovereign Immunity!, Forrest F. Schrum IV 2020 Mercer University School of Law

A Lottery Ticket Is An Express Written Contract And The General Assembly Waived Their Own Instrumentality From Sovereign Immunity!, Forrest F. Schrum Iv

Mercer Law Review

81818app手机版下载The creation of an express written contract occurs every day. These are contracts documented on an instrument where two parties agree to performing certain actions or preventing a party from performing, and they allow these parties to be liable to the other if one were to breach the contract. For an express written contract, the right to sue for breach of contract is so vital that when the General Assembly created the Georgia Constitution, a clause was added that precludes Georgia and all entities/instrumentalities within, to use sovereign immunity to avoid litigation. If Georgia or the entities/instrumentalities of ...


Actions Speak Louder Than Words: Hanham V. Access Management Group L.P. Reestablishes Validity For Course Of Conduct Parol Contracts In Georgia, Elizabeth C. Selph 2020 Mercer University School of Law 81818app手机版下载

Actions Speak Louder Than Words: Hanham V. Access Management Group L.P. Reestablishes Validity For Course Of Conduct Parol Contracts In Georgia, Elizabeth C. Selph

Mercer Law Review

Many laypeople recognize and revere the value of a written contract as an instrument legally binding, but they also believe such work to be solidified in its construction, unamendable without a rewriting of the agreement. Georgia courts, however, for over a century have allowed for contracts not governed by the statute of frauds to be amended through oral agreements or course of conduct. This principle was reaffirmed in Hanham v. Access Management Group L.P., a 2019 Georgia Supreme Court case where the court recognized that written contracts can be amended by course of conduct in the state of Georgia ...


Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes 2020 Columbia Law School, Columbia Center on Sustainable Investment 81818app手机版下载

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

81818app手机版下载Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how consultation ...


Unwritten Rules And The New Contract Paradigm, David A. Skeel Jr. 2020 University of Pennsylvania Carey Law School 81818app手机版下载

Unwritten Rules And The New Contract Paradigm, David A. Skeel Jr.

Faculty Scholarship at Penn Law

81818app手机版下载In a recent essay—part of a larger book project-- Douglas Baird contends that the standard accounts of the history of corporate reorganization miss an essential feature: the extent to which both current and prior practice have been governed by unwritten rules (such as full disclosure and the opportunity for each party to participate in the negotiations) that “are well-known to insiders, but largely invisible to those on the outside.” According to Professor Baird, the unwritten rules, not bankruptcy’s distribution provisions or other features of the Bankruptcy Code, are the essence of corporate reorganization.

This essay is a short ...


Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash 2020 Brigham Young University Law School 81818app手机版下载

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.


Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson 2020 Golden Gate University School of Law 81818app手机版下载

Law In The Time Of Covid-19: Legal Considerations Amidst A Growing Crisis, Justice Tecson

GGU Law Review Blog

81818app手机版下载COVID-19 has resulted in the destabilization of several aspects of human society, which may potentially cause an influx in litigation in certain practice areas such as employment, healthcare, and contract law. Although the legal effects of the pandemic have yet to be seen in their entirety, having knowledge of the potential legal issues better prepares individuals and businesses in dealing with this increased risk of litigation and could possibly help mitigate the circumstances caused by this viral, unprecedented attack on humanity.