Search Results for "more-than-you-wanted-to-know-the-failure-of-mandated-disclosure"

More Than You Wanted to Know

More Than You Wanted to Know

The Failure of Mandated Disclosure

  • Author: Omri Ben-Shahar,Carl E. Schneider,Professor of Law and Internal Medicine Carl E Schneider
  • Publisher: N.A
  • ISBN: 9780691170886
  • Category:
  • Page: 240
  • View: 2534
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Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

More Than You Wanted to Know

More Than You Wanted to Know

The Failure of Mandated Disclosure

  • Author: Omri Ben-Shahar,Carl E. Schneider
  • Publisher: Princeton University Press
  • ISBN: 140085038X
  • Category: Law
  • Page: 240
  • View: 7558
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Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

Seduction by Contract

Seduction by Contract

Law, Economics, and Psychology in Consumer Markets

  • Author: Oren Bar-Gill
  • Publisher: Oxford University Press
  • ISBN: 019966336X
  • Category: Business & Economics
  • Page: 280
  • View: 5925
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Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.

The Censor's Hand

The Censor's Hand

The Misregulation of Human-Subject Research

  • Author: Carl Schneider
  • Publisher: MIT Press
  • ISBN: 0262028913
  • Category: Law
  • Page: 296
  • View: 8891
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An argument that the system of boards that license human-subject research is so fundamentally misconceived that it inevitably does more harm than good.

A Purposive Approach to Labour Law

A Purposive Approach to Labour Law

  • Author: Guy Davidov
  • Publisher: Oxford University Press
  • ISBN: 0198759037
  • Category:
  • Page: 320
  • View: 2051
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The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

The Cosmopolitan Constitution

The Cosmopolitan Constitution

  • Author: Alexander Somek
  • Publisher: Oxford University Press, USA
  • ISBN: 0199651531
  • Category: Political Science
  • Page: 291
  • View: 2788
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This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.

Boilerplate

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law

  • Author: Margaret Jane Radin
  • Publisher: Princeton University Press
  • ISBN: 069115533X
  • Category: Law
  • Page: 339
  • View: 5248
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"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

The Three and a Half Minute Transaction

The Three and a Half Minute Transaction

Boilerplate and the Limits of Contract Design

  • Author: Mitu Gulati,Robert E. Scott
  • Publisher: University of Chicago Press
  • ISBN: 0226924386
  • Category: Law
  • Page: 232
  • View: 8505
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Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign—for one of the first times in the market’s centuries-long history—to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of the “stickiness” of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.

The Force of Law

The Force of Law

  • Author: Frederick Schauer
  • Publisher: Harvard University Press
  • ISBN: 0674967143
  • Category: Law
  • Page: 255
  • View: 3376
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.

The War Against Boys

The War Against Boys

How Misguided Policies are Harming Our Young Men

  • Author: Christina Hoff Sommers
  • Publisher: Simon and Schuster
  • ISBN: 1501125427
  • Category: Education
  • Page: 288
  • View: 2588
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An updated and revised edition of the controversial classic--now more relevant than ever--argues that boys are the ones languishing socially and academically, resulting in staggering social and economic costs. Girls and women were once second-class citizens in the nation's schools. Americans responded w ith concerted efforts to give girls and women the attention and assistance that was long overdue. Now, after two major waves of feminism and decades of policy reform, women have made massive strides in education. Today they outperform men in nearly every measure of social, academic, and vocational well-being. Christina Hoff Sommers contends that it's time to take a hard look at present-day realities and recognize that boys need help. Called "provocative and controversial . . . impassioned and articulate" ("The Christian Science M"onitor), this edition of "The War Against Boys" offers a new preface and six radically revised chapters, plus updates on the current status of boys throughout the book. Sommers argues that the problem of male underachievement is persistent and worsening. Among the new topics Sommers tackles: how the war against boys is harming our economic future, and how boy-averse trends such as the decline of recess and zero-tolerance disciplinary policies have turned our schools into hostile environments for boys. As our schools become more feelings-centered, risk-averse, competition-free, and sedentary, they move further and further from the characteristic needs of boys. She offers realistic, achievable solutions to these problems that include boy-friendly pedagogy, character and vocational education, and the choice of single-sex classrooms. "The War Against Boys" is an incisive, rigorous, and heartfelt argument in favor of recognizing and confronting a new reality: boys are languishing in education and the price of continued neglect is economically and socially prohibitive.

Lawyering for the Rule of Law

Lawyering for the Rule of Law

Government Lawyers and the Rise of Judicial Power in Israel

  • Author: Yoav Dotan
  • Publisher: Cambridge University Press
  • ISBN: 1107038995
  • Category: Law
  • Page: 226
  • View: 6060
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A study of the relationship between judicial activism and government lawyers.

Queering International Law

Queering International Law

Possibilities, Alliances, Complicities, Risks

  • Author: Dianne Otto
  • Publisher: Taylor & Francis
  • ISBN: 135197114X
  • Category:
  • Page: N.A
  • View: 7264
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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy - notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

A Realistic Theory of Law

A Realistic Theory of Law

  • Author: Brian Z. Tamanaha
  • Publisher: Cambridge University Press
  • ISBN: 1107188423
  • Category: Law
  • Page: 250
  • View: 7535
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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Zoning Rules!

Zoning Rules!

The Economics of Land Use Regulation

  • Author: William A. Fischel
  • Publisher: N.A
  • ISBN: 9781558442887
  • Category:
  • Page: 432
  • View: 526
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Law and Legitimacy in the Supreme Court

Law and Legitimacy in the Supreme Court

  • Author: Richard H. Fallon
  • Publisher: Harvard University Press
  • ISBN: 0674975812
  • Category: Constitutional law
  • Page: 240
  • View: 3582
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"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

  • Author: James R. Maxeiner
  • Publisher: N.A
  • ISBN: 1107198151
  • Category: Law
  • Page: 352
  • View: 1329
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Challenges the myths of common law's superiority over statute law using newly available historical sources and a comparative law analysis.

Full Disclosure

Full Disclosure

The Perils and Promise of Transparency

  • Author: Archon Fung,Mary Graham,David Weil
  • Publisher: Cambridge University Press
  • ISBN: 1139465139
  • Category: Political Science
  • Page: N.A
  • View: 2671
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Governments in recent decades have employed public disclosure strategies to reduce risks, improve public and private goods and services, and reduce injustice. In the United States, these targeted transparency policies include financial securities disclosures, nutritional labels, school report cards, automobile rollover rankings, and sexual offender registries. They constitute a light-handed approach to governance that empowers citizens. However, as Full Disclosure shows these policies are frequently ineffective or counterproductive. Based on a comparative analysis of eighteen major policies, the authors suggest that transparency policies often produce information that is incomplete, incomprehensible, or irrelevant to the consumers, investors, workers, and community residents who could benefit from them. Sometimes transparency fails because those who are threatened by it form political coalitions to limit or distort information. To be successful, transparency policies must place the needs of ordinary citizens at centre stage and produce information that informs their everyday choices.

Transparency and the Open Society

Transparency and the Open Society

Practical Lessons for Effective Policy

  • Author: Taylor, Roger,Kelsey, Tim
  • Publisher: Policy Press
  • ISBN: 1447325362
  • Category: Political Science
  • Page: 363
  • View: 7214
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Using case studies from around the world, Transparency and the open society surveys the adoption of transparency globally, providing an essential framework for assessing its likely performance as a policy and the steps that can be taken to make it more effective.

Principles of Financial Regulation

Principles of Financial Regulation

  • Author: Hogan Lovells Professor of Law and Finance John Armour,Associate Professor of Law and Finance and Academic Director of the Msc in Law and Finance Programme Dan Awrey,Paul Davies,Allen & Overy Professor of Corporate Law Luca Enriques,Richard Paul Richman Professor of Law Jeffrey N Gordon,Peter Moores Professor of Management Studies Colin Mayer,Professor of Corporate Finance Law Jennifer Payne
  • Publisher: Oxford University Press
  • ISBN: 0198786476
  • Category:
  • Page: 520
  • View: 9827
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The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

Conflict of Interest in Medical Research, Education, and Practice

Conflict of Interest in Medical Research, Education, and Practice

  • Author: Institute of Medicine,Board on Health Sciences Policy,Committee on Conflict of Interest in Medical Research, Education, and Practice
  • Publisher: National Academies Press
  • ISBN: 0309145449
  • Category: Medical
  • Page: 436
  • View: 8193
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Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.