Private Ordering and the Role of Shareholder Agreements

2020 ◽  
Author(s):  
Jill E. Fisch
Keyword(s):  
Private Ordering

The Role of Private Ordering in Family Law: A Law and Economics Perspective

1991 ◽  
Vol 41 (4) ◽  
pp. 533 ◽  
Author(s):  
Michael J. Trebilcock ◽  
Rosemin Keshvani
Keyword(s):  
Law And Economics ◽  
Family Law ◽  
Private Ordering

1. Introduction to Family Law

2015 ◽  
Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George
Keyword(s):  
Family Law ◽  
State Intervention ◽  
Family Court ◽  
Sex And Gender ◽  
Private Ordering ◽  
The Family ◽  
Rules Versus Discretion ◽  
And Gender ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases.

Efficiency—What Else?

2020 ◽  
pp. 348-376
Author(s):  
Loukas Mistelis
Keyword(s):  
Dispute Resolution ◽  
Typical Feature ◽  
International Arbitration ◽  
Party Autonomy ◽  
Private Ordering ◽  
A Value ◽  
The Cost

This chapter focuses on the value of efficiency in international arbitration. It also briefly discusses the tension between party autonomy and the desire of various authors to attribute to arbitration systemic qualities and features of private ordering. While efficiency did not feature as a typical feature of international arbitration some twenty odd years ago, serious concerns were expressed about the cost and length of proceedings. Paradoxically, at the same time, arbitration was seen as a method of dispute resolution which saves money and time for the users. However, in the last ten years, or perhaps a bit longer, there has been a marked awareness and indeed demand for a higher level of efficiency in the arbitral process. The chapter looks at the origins of the quest for efficiency in international arbitration and its establishment as a value of international arbitration, before exploring the role of arbitrators and arbitral institutions in ensuring efficiency.

The Firm as an Inspector: Private Ordering and Political Rules

2009 ◽  
Vol 11 (4) ◽  
pp. 1-32 ◽  
Author(s):  
Adrienne Heritier ◽  
Anna K. Mueller-Debus ◽  
Christian R. Thauer
Keyword(s):  
Transaction Cost ◽  
Transaction Cost Economics ◽  
Environmental Regulations ◽  
Theoretical Argument ◽  
Public Authorities ◽  
Private Ordering ◽  
Production Processes ◽  
Worldwide Production ◽  
Regulatory Standards

With increasing fragmentation of worldwide production chains and the corresponding contracting relations between companies, the “firm as an inspector” has become a frequent phenomenon. Buyer firms deploy supervising activities over their suppliers' products and production processes in order to ensure their compliance with regulatory standards, thereby taking on tasks commonly performed by public authorities. Why would a firm engage in such activities? In this article we will analyze the conditions under which firms play the role of an inspector vis-à-vis their sub-contractor firms to guarantee compliance with quality and environmental regulations. We develop a theoretical argument based on transaction cost economics and institutionalism to offer hypothetical answers to this question and provide an empirical assessment of our hypotheses.

scholarly journals Bargaining in the Shadow of the Law: The Case of Divorce

2021 ◽  
pp. 3-8
Author(s):  
Robert H. Mnookin ◽  
Lewis Kornhauser
Keyword(s):  
Legal System ◽  
Divorce Law ◽  
Private Ordering ◽  
Primary Function ◽  
Way Of Thinking ◽  
The Law ◽  
Bargaining Behavior ◽  
The Impact

This article suggests an alternative way of thinking about the role of law at the time of divorce. It is concerned primarily with the impact of the legal system on negotiations and bargaining that occur outside the courtroom. One sees the primary function of contemporary divorce law not as imposing order from above, but rather as providing a framework within which divorcing couples can themselves determine their postdissolution rights and responsibilities. This process by which parties to a marriage are empowered to create their own legally enforceable commitments is a form of “private ordering.” Whether or not one accepts the desirability of private ordering, it is clear that most divorcing couples do not require adjudication of their disputes. The article then analyzes how the legal system affects the bargaining behavior of divorcing couples, before presenting a theory of divorce bargaining. It also considers the role of lawyers and courts in divorce.

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