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Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights?

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0005
Subject:
Law, Company and Commercial Law

This chapter examines whether autonomy theory (agreement, consent) can justify boilerplate rights deletion schemes. It first considers strategies for assimilating World B to consent by focusing on ... More


INSULT IN THE LAW: LIBEL AND SLANDER

Jerome Neu

in Sticks and Stones: The Philosophy of Insults

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195314311
eISBN:
9780199871780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195314311.003.0007
Subject:
Philosophy, Philosophy of Language

The law of defamation seeks to provide remedies for some of the harms in insult, in particular damage to reputation. New York Times Co. v. Sullivan limits those remedies with respect to public ... More


Introduction

Alexander Brown

in A Theory of Legitimate Expectations for Public Administration

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198812753
eISBN:
9780191851926
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812753.003.0001
Subject:
Law, Constitutional and Administrative Law

Section I tries to identify some of the hallmarks of legitimate expectations, as a general concept, and to say something as to how it might be contrasted from the concept of reasonable expectations. ... More


The Most Important Thing Is … Reasonable Expectations

Howard Marks

in The Most Important Thing Illuminated: Uncommon Sense for the Thoughtful Investor

Published in print:
2013
Published Online:
November 2015
ISBN:
9780231162845
eISBN:
9780231530798
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231162845.003.0020
Subject:
Economics and Finance, Financial Economics

This chapter adds another element needed for successful investing: having reasonable expectations. No investment activity is likely to be successful unless the return goal is explicit and reasonable ... More


International Minimum Standard and the Protection of Property

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0009
Subject:
Law, Public International Law

This chapter addresses the international minimum standard on protection of property other than regarding administration of justice. The tripartite analytical approach applied in Chapter 8 is ... More


Unconscious Omissions, Reasonable Expectations, and Responsibility

Angela M. Smith

in The Ethics and Law of Omissions

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190683450
eISBN:
9780190683481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190683450.003.0003
Subject:
Philosophy, Moral Philosophy

Unconscious omissions involve failures to act that occur without an agent’s awareness. How, then, do we determine when an agent has “committed” an unconscious omission? The puzzle is to give an ... More


Problems and prospects

Wacks Raymond

in Privacy and Media Freedom

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199668656
eISBN:
9780191748714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199668656.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration

This chapter raises ten ‘qualms and quibbles’ about the present law. These include difficulties surrounding the concepts of ‘private life’, ‘public interest’, ‘reasonable expectation of privacy’, and ... More


Reasonable Expectations and Fiduciary Obligations: Legal Pathways to Longer-Term Thinking

Edward Waitzer and Douglas Sarro

in Re-Imagining Capitalism

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198785453
eISBN:
9780191827372
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785453.003.0016
Subject:
Business and Management, International Business

Fiduciary duties and the doctrine of reasonable expectations have evolved into powerful tools by which courts and regulators can require private actors to treat stakeholders fairly and consider the ... More


Recognition, Rights, and Reasonable Expectations

Roxana Banu

in Nineteenth Century Perspectives on Private International Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198819844
eISBN:
9780191860102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198819844.003.0006
Subject:
Law, Private International Law

This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference ... More


The Most Important Thing Illuminated: Uncommon Sense for the Thoughtful Investor

Howard Marks

Published in print:
2013
Published Online:
November 2015
ISBN:
9780231162845
eISBN:
9780231530798
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231162845.001.0001
Subject:
Economics and Finance, Financial Economics

In The Most Important Thing investing insight of this book’s author’s celebrated client memos was distilled into a single text and made his philosophy available to general readers. In this book, this ... More


Coming to Terms with Good Faith

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The expression ‘good faith’ has several meanings. For the purposes of this chapter, it means that a contracting party must act in a manner which the contracting party reasonably believes is honest, ... More


The Most Important Thing Is … Pulling It All Together

Howard Marks

in The Most Important Thing Illuminated: Uncommon Sense for the Thoughtful Investor

Published in print:
2013
Published Online:
November 2015
ISBN:
9780231162845
eISBN:
9780231530798
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231162845.003.0021
Subject:
Economics and Finance, Financial Economics

This concluding chapter recaps the most important requirements for successful investing. It reiterates the argument that the best foundation for a successful investment—or a successful investment ... More


Trade Usages as Transnational Law

Fabien Gélinas

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0012
Subject:
Law, Private International Law, Company and Commercial Law

In examining trade usages in the transnational context, this chapter takes as its starting point the perspective of international commercial arbitration, where a narrow conception of usages has been ... More


Responsibility: The Epistemic Condition

Philip Robichaud and Jan Willem Wieland (eds)

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198779667
eISBN:
9780191824715
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779667.001.0001
Subject:
Philosophy, Metaphysics/Epistemology, Moral Philosophy

Philosophers have long agreed that moral responsibility might not only have a freedom condition, but also an epistemic condition. Moral responsibility and knowledge interact, but the question is ... More


Introduction: The Epistemic Condition

Jan Willem Wieland (ed.)

in Responsibility: The Epistemic Condition

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198779667
eISBN:
9780191824715
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779667.003.0017
Subject:
Philosophy, Metaphysics/Epistemology, Moral Philosophy

This Introduction provides an overview of the current state of the debate on the epistemic condition of moral responsibility. Its main goal is to offer a framework that contextualizes the chapters ... More


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