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Author: Farshad Ghodoosi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This Article introduces macro contract research, a new methodology using big-data analytics to study private law. In doing so, it reveals significant trends that suggest the outsized role of corporations and the slide towards textualism in the development of contract law. This Article thereby sheds new light on enduring questions in contract scholarship and offers a novel approach applicable to other contexts.Using California contract disputes as a case study, this Article uncovers data suggesting that courts are tipping a long-held balance in con-tract interpretation toward textualism. Deploying machine learning and an originally-trained algorithm, this Article uncovers data suggesting the diminishing role of individuals in contract litigation. At the same time, it suggests that corporations have played a central role in the development of contract law, a trend likely to increase in the future. As such, the Article contributes much-needed quantitative evidence to contract scholarship, which has long debated the centrality of corporate entities in shaping contract law but lacked the relevant empirical data.This Article also makes a significant theoretical contribution. Scholarship has tended to overlook the particular operation of canons of contract, as opposed to statutory, interpretation, notwithstanding contract law's distinct goal of enabling private ordering. The Article identifies the distinctive function of contract canons and offers a framework for their classification. Focusing on contract canons as a first step in gathering fundamental data on the development of contract law, this Article also presents a model for further large-scale empirical study.
Author: Farshad Ghodoosi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This Article introduces macro contract research, a new methodology using big-data analytics to study private law. In doing so, it reveals significant trends that suggest the outsized role of corporations and the slide towards textualism in the development of contract law. This Article thereby sheds new light on enduring questions in contract scholarship and offers a novel approach applicable to other contexts.Using California contract disputes as a case study, this Article uncovers data suggesting that courts are tipping a long-held balance in con-tract interpretation toward textualism. Deploying machine learning and an originally-trained algorithm, this Article uncovers data suggesting the diminishing role of individuals in contract litigation. At the same time, it suggests that corporations have played a central role in the development of contract law, a trend likely to increase in the future. As such, the Article contributes much-needed quantitative evidence to contract scholarship, which has long debated the centrality of corporate entities in shaping contract law but lacked the relevant empirical data.This Article also makes a significant theoretical contribution. Scholarship has tended to overlook the particular operation of canons of contract, as opposed to statutory, interpretation, notwithstanding contract law's distinct goal of enabling private ordering. The Article identifies the distinctive function of contract canons and offers a framework for their classification. Focusing on contract canons as a first step in gathering fundamental data on the development of contract law, this Article also presents a model for further large-scale empirical study.
Author: Steven J. Burton
Publisher: Oxford University Press
ISBN: 0195337492
Category : Law
Languages : en
Pages : 251
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Book Description
This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Author: Hon Mr Justice Kim Lewison
Publisher:
ISBN: 9780414041295
Category : Contracts
Languages : en
Pages :
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Book Description
The 7th Edition of the CIPA Guide is a fully updated version of this established work, acknowledged since 1980 as a must-have for any practitioner advising on patents. Its purpose has remained unchanged since first publication: "The broad aim has been to provide a manual for reference, if not daily, at least whenever any doubt arises on the provisions of the Act or Rules and above all on the practice under them". Since publication of the 6th Ed in 2009 the flow of significant new material has been relentless, including revisions to the Patents Rules, the Civil Procedure Rules and EU Regulations and landmark decisions of the UK Courts, the EPO Appeal Boards and (of increasing significance to UK and European practitioners) the US courts. A new edition was considered of more use to practitioners than a second supplement since these changes could be evaluated fully and incorporated into the main text. Compiled by a team of 34 professionals including patent attorneys, solicitors and members of the Bar individually selected for knowledge of and insight into the subjects to which they contribute, this essential guide gives you all the tools you need to protect the rights of your clients. * Features a unique section-by-section guide to the Patents Act, 1977 and relevant provisions of the Copyright, Designs and Patents Act, 1988 * Includes the complete text of each section and of any relevant Patents Rules, Civil Procedure Rules and practice directions * Provides extensive commentary on the interpretation of each section by the UK-IPO and courts and on relevant case law of the EPO Appeal Boards * Refers to over 3300 decisions of the UK IP Office and courts and of the EPO Appeal Boards * Includes in-depth of analysis of both reported and significant unreported decisions * Acts as a practical guide to the current requirements of and procedures before the UK-IPO and the UK courts * A trusted and authoritative text with an easy to follow layout making your research quicker and easier * The first port of call for both patent prosecutors and litigators needing access to current law and practice "I shall continue to keep the book within easy reach. So should anyone else concerned with European or British patents." The Right Hon. Professor Sir Robin Jacob "The legal scholarship found in this book has an important role to play." The Hon. Randall Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit Features Sections and Schedules with: Relevant Rules; Commentary and Practice, including the following: * Contains an extensively rewritten discussion of patentable subject matter (s. 1) evaluating the impact of the landmark decision of the EPO Enlarged Appeal in G3/08 PRESIDENT'S REFERENCE and numerous subsequent decisions of the UK IP Office, UK courts and the EPO Appeal Boards * Updates its discussion of novelty (s.2) explaining landmark Court of Appeal decisions in Gemstar v TV Guide, Leo Pharma v Sandoz and Dr Reddy's v Eli Lilly (selection inventions) and numerous EPO Appeal Board decisions * Contains a re-written review of inventive step (s. 3), explaining decisions of the House of Lords in Conor v Angiotech and Generics v Lundbeck and landmark Court of Appeal decisions including e.g. Schlumberger v Elecgtromagnetic Geosciences, Napp v Ratiopharm, Virgin Atlantic v Premium Aircraft Interiors and Generics v Daiichi; also explaining how the EPO's PSA approach differs as between mere alternatives and advantageous alternatives * Contains a revised discussion on industrial applicability (s. 4) following the House of Lords decision in Eli Lilly v Human Genome Sciences * Updates its explanation of methods of treatment and diagnosis including the key decisions of the EPO Enlarged Appeal Board in G2/08 ABBOTT RESPIRATORY/Dosage Regime and G1/07 MEDI_PHYSICS/Treatment by surgery (s. 4A) * Revises the treatment of biotechnological inventions (76A) updated to include e.g. MedImmune v Novartis * Updates the discussion of Supplementary Protection Certificates (s. 125B), provides the latest version of Regulation (EC) 469/2009 and discusses the latest UK and European decisions on SPCs. * Reviews the latest decisions on insufficiency including CoreValve v Edwards Lifesciences, Ratiopharm v Alza, HTC Corp v Yozmot, Schlumberger v Electromagnetic Geosciences and Novartis v Johnson & Johnson and numerous decisions of the EPO Appeal Board (s. 14) * Explains the latest opinions on infringement (s. 60) including Virgin Atlantic v Delta (kit of parts), Medimmune v Novartis (direct product of patented process), Rambaxy v AstraZeneca (use claims), Grime v Scott (contributory infringement) and Schutz v Werit (license to repair) * Updates extent of protection (125) to include key decisions e.g. in Ancon v ACS Stainless Steel fixings, Dyson v Samsung, Medimmune v Novartis and Virgin Atlantic v Premium Aircraft Interiors. * Outlines key decisions on groundless threats (s.70) under the amended section, including Zeno Corp v BSM-Bionicand FNM Corp v Drammock * Explains the new Patents Court procedures set out in CPR Part 63 and the new Practice Direction together with the new procedure in the Patents County Court (s. 61 and Appendix F). * Reviews new procedures for dispute handling in the UK IP Office (s. 123) PATENTS RULES 2007 Titles of Rules with cross-references to text locations COPYRIGHT, PATENTS AND DESIGNS ACT 1988 Arrangement of sections in Parts V and VI Sections 274-295 with Commentary APPENDICES A: History of United Kingdom Patent Law B: Supplementary Protection Certificates C: The Biotechnology Directive D: The Treaty on the Functioning of the European Union (TFEU) E: Civil Procedure Rules (Extracts) F: Part 63 of the Civil Procedure Rules G: Patents Court Guide and Patents County Court Guide H: Patent Attorney and Trade Mark Attorney Qualification and Registration Regulations 2009 I: Rules for Examination and Admission of Individuals 2011 J: Rules of Conduct for Patent Attorneys, Trade Mark Attorneys and Other Regulated Persons K: Special Rules of Professional Conduct Applicable to Regulated Persons Conducting Litigation or Exercising a Right of Audience Before the Court
Author: Andrew Jones
Publisher: Packt Publishing Ltd
ISBN: 1837636249
Category : Computers
Languages : en
Pages : 206
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Book Description
Everything you need to know to apply data contracts and build a truly data-driven organization that harnesses quality data to deliver tangible business value Purchase of the print or Kindle book includes a free PDF eBook Key Features Understand data contracts and their power to resolving the problems in contemporary data platforms Learn how to design and implement a cutting-edge data platform powered by data contracts Access practical guidance from the pioneer of data contracts to get expert insights on effective utilization Book DescriptionDespite the passage of time and the evolution of technology and architecture, the challenges we face in building data platforms persist. Our data often remains unreliable, lacks trust, and fails to deliver the promised value. With Driving Data Quality with Data Contracts, you’ll discover the potential of data contracts to transform how you build your data platforms, finally overcoming these enduring problems. You’ll learn how establishing contracts as the interface allows you to explicitly assign responsibility and accountability of the data to those who know it best—the data generators—and give them the autonomy to generate and manage data as required. The book will show you how data contracts ensure that consumers get quality data with clearly defined expectations, enabling them to build on that data with confidence to deliver valuable analytics, performant ML models, and trusted data-driven products. By the end of this book, you’ll have gained a comprehensive understanding of how data contracts can revolutionize your organization’s data culture and provide a competitive advantage by unlocking the real value within your data.What you will learn Gain insights into the intricacies and shortcomings of today's data architectures Understand exactly how data contracts can solve prevalent data challenges Drive a fundamental transformation of your data culture by implementing data contracts Discover what goes into a data contract and why it's important Design a modern data architecture that leverages the power of data contracts Explore sample implementations to get practical knowledge of using data contracts Embrace best practices for the successful deployment of data contracts Who this book is for If you’re a data engineer, data leader, architect, or practitioner thinking about your data architecture and looking to design one that enables your organization to get the most value from your data, this book is for you. Additionally, staff engineers, product managers, and software engineering leaders and executives will also find valuable insights.
Author: Ahmet Cemil Yildirim
Publisher: Kluwer Law International B.V.
ISBN: 9403511044
Category : Business & Economics
Languages : en
Pages : 328
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Book Description
Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Author: Ryan Catterwell
Publisher:
ISBN: 9781509927609
Category : Contracts
Languages : en
Pages :
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Book Description
"Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts"--
Author: Catherine Mitchell
Publisher: Routledge
ISBN: 1134061714
Category : Law
Languages : en
Pages : 175
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Book Description
In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Author: Catherine Mitchell
Publisher: Routledge Cavendish
ISBN: 9780415447775
Category : Law
Languages : en
Pages : 160
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Book Description
In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
Author: Martin Welker
Publisher: Herbert von Halem Verlag
ISBN: 3869622687
Category : Business & Economics
Languages : en
Pages : 462
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Book Description
Der Sammelband Computational Social Science in the Age of Big Data beschäftigt sich mit Konzepten, Methoden, Tools und Anwendungen (automatisierter) datengetriebener Forschung mit sozialwissenschaftlichem Hintergrund. Der Fokus des Bandes liegt auf der Etablierung der Computational Social Science (CSS) als aufkommendes Forschungs- und Anwendungsfeld. Es werden Beiträge international namhafter Autoren präsentiert, die forschungs- und praxisrelevante Themen dieses Bereiches besprechen. Die Herausgeber forcieren dabei einen interdisziplinären Zugang zum Feld, der sowohl Online-Forschern aus der Wissenschaft wie auch aus der angewandten Marktforschung einen Einstieg bietet.
Author: Venkat Srinivasan
Publisher: John Wiley & Sons
ISBN: 1118834690
Category : Mathematics
Languages : en
Pages : 216
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Book Description
“ ... the enterprise of today has changed ... wherever you sit in this new corporation ... Srinivasan gives us a practical and provocative guide for rethinking our business process ... calling us all to action around rapid development of our old, hierarchical structures into flexible customer centric competitive force .... A must read for today’s business leader.” Mark Nunnelly, Executive Director, MassIT, Commonwealth of Massachusetts and Managing Director, Bain Capital “’Efficiency,’ ‘agile,’ and ‘analytics’ used to be the rage. Venkat Srinivasan explains in this provocative book why organizations can no longer afford to stop there. They need to move beyond – to be ‘intelligent.’ It isn’t just theory. He’s done it.” Bharat Anand, Henry R. Byers Professor of Business Administration, Harvard Business School In the era of big data and automation, the book presents a cutting-edge approach to how enterprises should organize and function. Striking a practical balance between theory and practice, The Intelligent Enterprise in the Era of Big Data presents the enterprise architecture that identifies the power of the emerging technology environment. Beginning with an introduction to the key challenges that enterprises face, the book systematically outlines modern enterprise architecture through a detailed discussion of the inseparable elements of such architecture: efficiency, flexibility, and intelligence. This architecture enables rapid responses to market needs by sensing important developments in internal and external environments in real time. Illustrating all of these elements in an integrated fashion, The Intelligent Enterprise in the Era of Big Data also features: • A detailed discussion on issues of time-to-market and flexibility with respect to enterprise application technology • Novel analyses illustrated through extensive real-world case studies to help readers better understand the applicability of the architecture and concepts • Various applications of natural language processing to real-world business transactions • Practical approaches for designing and building intelligent enterprises The Intelligent Enterprise in the Era of Big Data is an appropriate reference for business executives, information technology professionals, data scientists, and management consultants. The book is also an excellent supplementary textbook for upper-undergraduate and graduate-level courses in business intelligence, data mining, big data, and business process automation. “a compelling vision of the next generation of organization—the intelligent enterprise—which will leverage not just big data but also unstructured text and artificial intelligence to optimize internal processes in real time ... a must-read book for CEOs and CTOs in all industries.” Ravi Ramamurti, D”Amore-McKim Distinguished Professor of International Business and Strategy, and Director, Center for Emerging Markets, Northeastern University “It is about the brave new world that narrows the gap between technology and business .... The book has practical advice from a thoughtful practitioner. Intelligent automation will be a competitive strength in the future. Will your company be ready?” Victor J. Menezes, Retired Senior Vice Chairman, Citigroup Venkat Srinivasan, PhD, is Chairman and Chief Executive Officer of RAGE Frameworks, Inc., which supports the creation of intelligent business process automation solutions and cognitive intelligence solutions for global corporations. He is an entrepreneur and holds several patents in the area of knowledge-based technology architectures. He is t
