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This Article aims to unveil and undermine one of the most resonant truisms in contract law. It shows that a dominant criterion used by courts and academics in applying the omnipresent and overarching principle of good faith is essentially flawed. Our argument is innovative in at least four...
Persistent link: https://www.econbiz.de/10014173887
I introduce a model of community standards relevant to the judicial determination of obscenity. Standards are defined as subjective judgments restricted only by a simple reasonableness condition. Individual standards are aggregated to form the community standard. Several axioms reflect legal...
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I introduce a model of shareholder voting. I describe and provide characterizations of three families of shareholder voting rules: ratio rules, difference rules, and share majority rules. The characterizations rely on two key axioms: merger consistency, which requires consistency in voting...
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I study a model of group identification in which individuals' opinions as to the membership of a group are aggregated to form a list of group members. Potential aggregation rules are studied through the axiomatic approach. I introduce two axioms, meet separability and join separability, each of...
Persistent link: https://www.econbiz.de/10012759768
Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...
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I propose a model of aggregation of intervals relevant in two contexts: the study of legislative delegation and the study of legal standards of behavior. Six axioms: responsiveness, anonymity, continuity, strategyproofness, and two variants of neutrality are then used to prove several important...
Persistent link: https://www.econbiz.de/10013297964