Inequality of Bargaining Power

Inequality of Bargaining Power PDF Author: Robert W. Clark
Publisher: Taylor & Francis
ISBN: 9780459388409
Category : Contracts
Languages : en
Pages : 255

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Inequality of Bargaining Power

Inequality of Bargaining Power PDF Author: Daniel D. Barnhizer
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 3

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Power, Inequality and the Bargain

Power, Inequality and the Bargain PDF Author: Daniel D. Barnhizer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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In the Spring of 2006, I was privileged to host and moderate symposium presentations by an extraordinarily talented group of scholars who gathered at Michigan State University College of Law to analyze and discuss the role and relevancy of the legal concept of bargaining power in twenty-first century contract law. Just as dramatic social, political, and economic changes at the turn of the twentieth century drove the development of legal conceptions of bargaining power disparities and introduced those conceptions as explicit elements of many contract doctrines, the turn of the twenty-first century may prove similarly transformative. This symposium issue includes contributions by W. David Slawson, Larry A. DiMatteo, Blake D. Morant, Rachel Arnow-Richman, Curtis Bridgeman, and James F. Hogg that explore the appropriate role of bargaining power as a legal concept in the now-mature information era, with each participant developing their own unique perspective on how and whether such issues impact the regulation of contract.

Unequal Bargaining Power in the Law of Contract

Unequal Bargaining Power in the Law of Contract PDF Author: Nonstikelelo Pearl Lugomo
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 108

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Re-considering the Doctrine of Inequality of Bargaining Power as Unconscionable in Malaysia

Re-considering the Doctrine of Inequality of Bargaining Power as Unconscionable in Malaysia PDF Author: Noor Inayah Yaakub
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Exemption Clauses V. Public Policy and Inequality of Bargaining Power

Exemption Clauses V. Public Policy and Inequality of Bargaining Power PDF Author: Visu Sinnadurai
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages :

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Concretising the Open Norm of Public Policy

Concretising the Open Norm of Public Policy PDF Author: Luanda Hawthorne
Publisher:
ISBN:
Category :
Languages : en
Pages : 20

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Both classical contract law and the classical conception of the rule of law have as their point of departure that inequality between individuals is the result of natural differences and capabilities and that recognition of formal equality is the only possibility. In line with this premise the judiciary is expected to merely apply abstract legal norms, and it is not the function of a judge to refer to policy considerations or consider the relative justice of individuals' claims. The judiciary may not make law or become involved in policy issues. However, the South African Constitution is expressly value-based and demands that the judiciary take cognizance of substantive values.

Bargaining with the State

Bargaining with the State PDF Author: Richard A. Epstein
Publisher: Princeton University Press
ISBN: 1400821096
Category : Political Science
Languages : en
Pages : 341

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Book Description
Bargaining with the State examines the threats to liberty that arise through the power of government selectively to distribute benefits and favors to its citizens. For Richard Epstein, the preservation of individual liberty against government contractual power advances not only the short-term interest of the individual citizen but also the long-term overall social welfare.

Inequality and the Labor Market

Inequality and the Labor Market PDF Author: Sharon Block
Publisher: Brookings Institution Press
ISBN: 0815738811
Category : Law
Languages : en
Pages : 263

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Book Description
Exploring a new agenda to improve outcomes for American workers As the United States continues to struggle with the impact of the devastating COVID-19 recession, policymakers have an opportunity to redress the competition problems in our labor markets. Making the right policy choices, however, requires a deep understanding of long-term, multidimensional problems. That will be solved only by looking to the failures and unrealized opportunities in anti-trust and labor law. For decades, competition in the U.S. labor market has declined, with the result that American workers have experienced slow wage growth and diminishing job quality. While sluggish productivity growth, rising globalization, and declining union representation are traditionally cited as factors for this historic imbalance in economic power, weak competition in the labor market is increasingly being recognized as a factor as well. This book by noted experts frames the legal and economic consequences of this imbalance and presents a series of urgently needed reforms of both labor and anti-trust laws to improve outcomes for American workers. These include higher wages, safer workplaces, increased ability to report labor violations, greater mobility, more opportunities for workers to build power, and overall better labor protections. Inequality in the Labor Market will interest anyone who cares about building a progressive economic agenda or who has a marked interest in labor policy. It also will appeal to anyone hoping to influence or anticipate the much-needed progressive agenda for the United States. The book's unusual scope provides prescriptions that, as Nobel Laureate Joseph Stiglitz notes in the introduction, map a path for rebalancing power, not just in our economy but in our democracy.

Inequality, Leverage and Crises

Inequality, Leverage and Crises PDF Author: Mr.Michael Kumhof
Publisher: International Monetary Fund
ISBN: 1455210757
Category : Business & Economics
Languages : en
Pages : 39

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The paper studies how high leverage and crises can arise as a result of changes in the income distribution. Empirically, the periods 1920-1929 and 1983-2008 both exhibited a large increase in the income share of the rich, a large increase in leverage for the remainder, and an eventual financial and real crisis. The paper presents a theoretical model where these features arise endogenously as a result of a shift in bargaining powers over incomes. A financial crisis can reduce leverage if it is very large and not accompanied by a real contraction. But restoration of the lower income group's bargaining power is more effective.