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 Corporate Disclosure Diversity: A Comparative Assessment

George J. Benston, Michael Bromwich, Robert E. Litan, and Alfred Wagenhofer

in Worldwide Financial Reporting: The Development and Future of Accounting Standards

Published in print:
2006
Published Online:
February 2006
ISBN:
9780195305838
eISBN:
9780199783342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195305833.003.0009
Subject:
Economics and Finance, Financial Economics

While there are substantial differences in the regulatory regimes, cultures, economic history, nature of government, and institutions among the countries surveyed in the book, these countries have ... More


Rules and Standards

Pierre Schlag and Amy J. Griffin

in How to Do Things with Legal Doctrine

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226726106
eISBN:
9780226726380
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226726380.003.0006
Subject:
Law, Philosophy of Law

Much argument in modern legal systems (certainly in the American legal system) seems to be a manifestation of this stylized dispute about the relative virtues and vices of rules and standards. ... More


The Role of the Courts: Tenth Amendment Balancing

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter Six offers a preliminary exploration of how Balanced Federalism theory would depart from the status quo, imagining the strongest judicial role within such a model. It sets forth the ... More


Shaping the Truth

Miranda Seymour

in Mapping Lives: The Uses of Biography

Published in print:
2004
Published Online:
January 2012
ISBN:
9780197263181
eISBN:
9780191734595
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263181.003.0015
Subject:
Literature, Criticism/Theory

Humans who are governed by emotional states have the capacity to establish, develop, and retain different interpretations of the people familiar to them. Hence it is the part of the biographer to ... More


Classical Orthodoxy and Legal Realist Responses Through the Lens of the Heuristics Debate

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0009
Subject:
Law, Philosophy of Law

While neither Langdell nor Holmes self-consciously addressed the nature of human cognition in defending, respectively, the Classical synthesis about law or a more pragmatic Realist approach, this ... More


Using Open-Ended Standards to Advance Labour Law’s Goals

Guy Davidov

in A Purposive Approach to Labour Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198759034
eISBN:
9780191818790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198759034.003.0007
Subject:
Law, Employment Law

This chapter suggests another legal technique for advancing the goals of labour law: using open-ended standards. In recent years the use of such standards has become widespread in many legal systems. ... More


How to Do Things with Legal Doctrine

Pierre Schlag and Amy J. Griffin

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226726106
eISBN:
9780226726380
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226726380.001.0001
Subject:
Law, Philosophy of Law

“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. ... More


Judicial Decision-Making

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0016
Subject:
Law, Philosophy of Law

This chapter discusses the rich behavioral research on judicial decision-making. It opens with general theories of the cognitive process of judicial decision-making, focusing on the story model and ... More


Conditions of Imprisonment or Detention

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0010
Subject:
Law, Human Rights and Immigration

This chapter deals with the question of conditions of imprisonment or detention. It enumerates the principles of the International Covenant on Civil and Political Rights, the American Convention on ... More


Employer Liability for Sexual Harassment by Supervisors

David B. Oppenheimer

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0018
Subject:
Law, Employment Law

This chapter discusses the difference in the rules of liability for employers when it enters the area of sexual harassment. Traditionally, and as a general proposition, employers are vicariously ... More


Re-framing the Concept of Restriction

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0006
Subject:
Law, EU Law

This chapter will demonstrate how taking into account considerations arising from studies on the external dimension of EU law improves on existing descriptive models by helping to make sense of the ... More


Corporal Punishment

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0011
Subject:
Law, Human Rights and Immigration

This chapter briefly assesses the geographical scope of the practice of corporal punishment and investigates reports of the rare occasions upon which it has been considered by the General Assembly ... More


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