Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
The current legal framework is, in many respects, unable to accommodate such big changes and new legal regulations are required where adaptation of the existing ones proves to be inadequate.
This book highlights where changes are needed and where adaptations are required, with a particular focus on the Portuguese, Spanish, Italian, British and Brazilian contexts. For that, four different approaches are undertaken, namely the meta-legal, macro-legal, micro-legal and transnational approaches. The study that results from these different approaches enables readers to acquire a general view on the current legal problems arising from the sharing economy, and was a direct result of a research project of the Centre for Legal and Economic Research, at the University of Porto, funded by Fundação para a Ciência e Tecnologia.
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.
Here’s why you need an E&E to help you study throughout the semester:Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic.
The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Features:Exposing you to the types of questions your professor will ask on the exam, Siegel’s will prove valuable in the days or weeks leading up to your final.A great number of questions at the appropriate level of difficulty—20 to 30 essay Q&As and 90 to 100 multiple-choice Q&As—provide opportunity for you to practice spotting issues as you apply your knowledge of the law. Essay questions give you solid practice writing concise essay answers, and the model answers allow you to check your work. An entire chapter is devoted to preparing for essay exams.In checking your answers to multiple-choice questions, you can figure out where you may have erred: Answers explain why one choice is correct and the other choices are wrong. To help you learn to make the most of your study time, the introductory chapter gives instruction, advice, and tips for preparing for and taking essay exams .The table of contents helps you prepare for exams by clearly outlining the topics tested in each Essay question. In addition, you can locate questions covering topics you’re having difficulty with by checking the index. Revised by law school professors, the Siegel’s Series is updated on a regular basis.