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
  • Publisher: Princeton University Press
  • ISBN: 140085038X
  • Category: Law
  • Page: 240
  • View: 3976
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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,Professor of Law and Internal Medicine Carl E Schneider
  • Publisher: N.A
  • ISBN: 9780691170886
  • Category:
  • Page: 240
  • View: 5670
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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: N.A
  • ISBN: 9780691161709
  • Category: Law
  • Page: 240
  • View: 4205
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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.

The Censor's Hand

The Censor's Hand

The Misregulation of Human-Subject Research

  • Author: Carl E. Schneider
  • Publisher: MIT Press
  • ISBN: 0262328798
  • Category: Law
  • Page: 296
  • View: 2828
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Medical and social progress depend on research with human subjects. When that research is done in institutions getting federal money, it is regulated (often minutely) by federally required and supervised bureaucracies called "institutional review boards" (IRBs). Do -- can -- these IRBs do more harm than good? In The Censor's Hand, Schneider addresses this crucial but long-unasked question. Schneider answers the question by consulting a critical but ignored experience -- the law's learning about regulation -- and by amassing empirical evidence that is scattered around many literatures. He concludes that IRBs were fundamentally misconceived. Their usefulness to human subjects is doubtful, but they clearly delay, distort, and deter research that can save people's lives, soothe their suffering, and enhance their welfare. IRBs demonstrably make decisions poorly. They cannot be expected to make decisions well, for they lack the expertise, ethical principles, legal rules, effective procedures, and accountability essential to good regulation. And IRBs are censors in the place censorship is most damaging -- universities. In sum, Schneider argues that IRBs are bad regulation that inescapably do more harm than good. They were an irreparable mistake that should be abandoned so that research can be conducted properly and regulated sensibly.

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: 2332
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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 Practice of Autonomy

The Practice of Autonomy

Patients, Doctors, and Medical Decisions

  • Author: Carl Schneider
  • Publisher: Oxford University Press on Demand
  • ISBN: 9780195113976
  • Category: Medical
  • Page: 307
  • View: 9886
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"Exploring what patients do want gives direction to the author's inquiry into what they should want. What patients want, he believes, is properly more complex and ambiguous than being "empowered." In this book he charts that ambiguity to take the autonomy principle past current pieties into the uncertain realities of the sick room and the hospital ward." "The Practice of Autonomy is a sympathetic but trenchant study of the animating principle of modern bioethics. It speaks with freshness, insight, and even passion to bioethicists and moral philosophers (about their theories), to lawyers (about their methods), to medical sociologists (about their subject), to policy-makers (about their ambitions), to doctors (about their work), and to patients (about their lives)."--BOOK JACKET.

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: 0226924394
  • Category: Law
  • Page: 240
  • View: 9902
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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.

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: 2046
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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.

Private Wrongs

Private Wrongs

  • Author: Arthur Ripstein
  • Publisher: Harvard University Press
  • ISBN: 0674659805
  • Category: Law
  • Page: 313
  • View: 5834
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Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

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: 5004
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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

Supreme Myths

Supreme Myths

Why the Supreme Court is Not a Court and Its Justices are Not Judges

  • Author: Eric J. Segall
  • Publisher: ABC-CLIO
  • ISBN: 0313396876
  • Category: Law
  • Page: 219
  • View: 1102
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This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.

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: 1405
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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.

The Cosmopolitan Constitution

The Cosmopolitan Constitution

  • Author: Alexander Somek
  • Publisher: OUP Oxford
  • ISBN: 0191030929
  • Category: Law
  • Page: 320
  • View: 3687
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

What's Wrong with Copying?

What's Wrong with Copying?

  • Author: Abraham Drassinower
  • Publisher: Harvard University Press
  • ISBN: 0674286588
  • Category: Law
  • Page: N.A
  • View: 1927
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Abraham Drassinower presents a new way to balance the needs of creators and users of authored works. Disentangling copyright theory from its focus on the economic value of a work as a commodity, he views a work instead as a communicative act. Infringement, according to this perspective, is an unauthorized appropriation of another’s speech.

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: 797
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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"--

The Sovereignty of Human Rights

The Sovereignty of Human Rights

  • Author: Patrick Macklem
  • Publisher: Oxford University Press
  • ISBN: 019026733X
  • Category: Law
  • Page: 200
  • View: 5583
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The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

The Future of Law and Economics

The Future of Law and Economics

Essays in Reform and Recollection

  • Author: Guido Calabresi
  • Publisher: Yale University Press
  • ISBN: 0300216262
  • Category: Law
  • Page: 248
  • View: 3469
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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Gender Nonconformity and the Law

Gender Nonconformity and the Law

  • Author: Kimberly A. Yuracko
  • Publisher: Yale University Press
  • ISBN: 0300217854
  • Category: Political Science
  • Page: 256
  • View: 8712
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When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act’s scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.

Zoning Rules!

Zoning Rules!

The Economics of Land Use Regulation

  • Author: William A. Fischel
  • Publisher: N.A
  • ISBN: 9781558442887
  • Category:
  • Page: 432
  • View: 9160
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Transparency and the open society

Transparency and the open society

Practical lessons for effective policy

  • Author: Taylor, Roger,Kelsey, Tim
  • Publisher: Policy Press
  • ISBN: 1447325370
  • Category: Political Science
  • Page: 376
  • View: 8625
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Greater transparency is increasingly seen as the answer to a wide range of social issues by governments, NGOs and businesses around the world. However, evidence of its impact is mixed. Using case studies from around the world including India, Tanzania, the UK and US, 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. It addresses the role of transparency in the context of growing use by governments and businesses of surveillance and database driven decision making. The book is written for anyone involved in the use of transparency whether campaigning from outside or working inside government or business to develop policies.