Gotowe bibliografie tematyczne / Contracts – united states – cases

Gotowa bibliografia na temat „Contracts – united states – cases”

Autor: Grafiati

Data publikacji: 25 lipca 2024

Data aktualizacji: 27 lipca 2024

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Artykuły w czasopismach na temat "Contracts – united states – cases"

Jovanović, Marko. "A conclusion of contracts for the international sale of goods". Pravo - teorija i praksa 38, nr 3 (2021): 65–76. http://dx.doi.org/10.5937/ptp2103065j.

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The international exchange of goods is done through a contract on the international sale of goods. A conclusion of a contract on the international sale of goods is based primarily on the autonomy of the will of the parties, unless that autonomy of will is limited by the compulsory regulations of the states. All sources of law cited in the paper, such as international conventions, autonomous sources of law and even customs and business ethics, can be changed by the disposition of the will, because they are of a dispositive character. The contracting parties most often agree on the application of the United Nations Convention on Contracts for the International Sale of Goods, the so-called Vienna Conventions, except in cases where there are general conditions and standard contracts. The Vienna Convention, which is a compromise of continental, Roman and Anglo-Saxon law, is most often contracted. The offer and its acceptance are necessary for the conclusion of the contract, except for standard and formal contracts. The offer is a final act, and the acceptance of the offer is a statement of the agreement with the offer. The offer must have essential elements of the contract, but it can also have irrelevant elements. By concluding a contract with the application of INCOTERMS clauses, most irrelevant elements of the contract are regulated.

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Kim, Young-Ju. "A Study on Expansion of the Himalaya Clause to the Independent Contractors: Based on the Cases in the United States". Korea International Trade Research Institute 18, nr 4 (31.08.2022): 247–62. http://dx.doi.org/10.16980/jitc.18.4.202208.247.

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Purpose - The purpose of this paper is to review the doctrine of privity of contracts under common law and to analyze some issues of Himalaya Clause cases under carriage of goods by sea in United States. Design/Methodology/Approach - This paper studies scopes, application, and requirements of the Himalaya Clause by analyzing cases in the United States, such as Robert C. Herd & Co., Inc., v. Krawill Machinery Corp., 359 U.S. 297 (1959), and Norfolk Southern Railway Co. v. James N. Kirby, Pty. Ltd., 125 S.Ct. 385 (2004). Findings - This paper confirms that contracts for the carriage of goods by sea must be construed like any other contracts: by their terms and consistent with the intent of the parties. Also, the paper finds that an independent contractor such as a stevedore, a terminal operator, an inland carrier, and a railroad, could be the beneficiary of a valid Himalaya Clause by analyzing U.S. courts cases. Research Implications - This paper sheds light on some legal issues surrounding the Himalaya Clause by comparative review. Also, it offers practical implications and suggestions that revise some articles of the Korean Commercial Code for the extended application of the Himalaya Clause.

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Schulte-Nölke, Hans. "Incorporation of Standard Contract Terms on Websites". European Review of Contract Law 15, nr 2 (6.06.2019): 103–29. http://dx.doi.org/10.1515/ercl-2019-0014.

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Abstract The draft of the American Law Institute’s Restatement of Consumer Contracts reflects the jurisdiction of the US courts on the ‘adoption’ (as the draft calls it) of standard contract terms into consumer contracts. This draft is of great value to European lawyers in understanding US developments, but it may also stimulate a reflection on the state and possible evolution of European legal systems. It turns out that in the United States, as in Europe, the law on the adoption of standard contract terms is still heavily influenced by cases from the pre-digital and paleo-digital era. This article explains the rules of the Restatement for the adoption of standard contract terms, tests their functionality, in particular using the example of websites, makes some drafting suggestions and puts forward a proposal for the further development of the law on the adoption of standard contract terms of websites. The adoption of standard contract terms governing the use of a website should not require that consumers receive a notice of the standard contract terms prior to entering that website. The requirements for the adoption of standard contract terms should be seen as mainly, if not only, having the purpose of pinpointing the wording of a contract for later reference if necessary.

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Dannenberg, Ross, i Josh Davenport. "Top 10 video game cases (US): how video game litigation in the US has evolved since the advent of Pong". Interactive Entertainment Law Review 1, nr 2 (grudzień 2018): 89–102. http://dx.doi.org/10.4337/ielr.2018.02.02.

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Video game litigation in the United States is neither new nor infrequent, and video game developers can learn valuable lessons from cases won, and lost, by others before them. This article examines the evolution of United States intellectual property law from historically narrow roots to classifying video games as an art form deserving broad free speech protection. This article examines seminal cases in a variety of IP areas, including not only copyrights, but also reverse engineering, derivative works, patents, trademarks, rights of publicity, the Digital Millennium Copyright Act, contracts, and freedom of speech. These cases explore the factual and legal limits of American jurisprudence in video game law, including how one's own expression can be limited by the rights of others, permissible and fair use and of others' IP, and the impact these cases have had in the industry. As video games have leveled up into a multi-billion dollar industry, the law has leveled up, too, and this article is the primer you need to level up with it.

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Kim, Won Gak. "A Study on the Duty of Disclosure in the U.S. Insurance Law". Korean Insurance Law Association 17, nr 2 (30.06.2023): 75–140. http://dx.doi.org/10.36248/kdps.2023.17.2.075.

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The duty of disclosure became a doctrine of insurance contracts in 1766 with the decision in Carter v. Boehm and was codified in the U.K. Marine Insurance Act(MIA) of 1906. Since then, insurance laws in every country have provided provisions for the duty of disclosure. The specifics of the duty of disclosure have evolved over time as the interpretation of good faith in insurance contracts and the need to address moral hazard in underwriting have changed from country to country and era to era. Today, however, the duty of disclosure continues to be debated in every country, and the United States is no exception. The United States dutifully followed English law in the early years of its founding. Over the centuries, it has become part of Anglo-American law. However, it has also developed a significant amount of its law based on the needs and unique circumstances of American society. Insurance law in the United States is no different. Currently, U.S. state laws and regulations on the duty of disclosure differ from the U.K. laws, which were amended in 2012 and 2015. In addition, insurance laws and precedents are often different in each state in the United States. British laws and regulations on the duty of disclosure have been steadily and continuously introduced in Korea. However, it seems that no article in Korea provides a detailed introduction to the laws and regulations on the duty of disclosure in the United States. Although Korean insurance law belongs to the civil law system, the laws on the duty of disclosure rely very little on the difference in the law system. Today, the U.S. insurance industry has the most influence on the global insurance industry. In addition, some insurance policies in Korea still use English insurance policies used in the United States. In light of these facts, the laws and regulations of the United States may have implications for revising or interpreting the Korean insurance law. A thorough understanding of the laws on the duty of disclosure requires a complete understanding of the unique landscape of U.S. law. It also requires a deep understanding of the various systems and doctrines that are historical deposits of more than 170 years of U.S. insurance law. In this article, it would only be possible to present some 50 states' laws and cases on the duty of disclosure. Therefore, this paper is limited to summarizing the issues common to each state. The author will provide a more detailed discussion of U.S. laws and cases by studying each issue.

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Żenkiewicz, Maciej. "Judge Skubiszewski at the Iran-United States Claims Tribunal". International Community Law Review 18, nr 2 (24.05.2016): 151–75. http://dx.doi.org/10.1163/18719732-12341327.

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The article presents the contribution of Professor Skubiszewski to the work of the Iran-United States Claims Tribunal during the period of his presidency (1994–2010). The article discusses the cases of Iran-United States Claims Tribunal decided during that period (dual-nationality cases, intergovernmental disputes and military contract cases) and the challenges which Professor Skubiszewski had to confront. Also considered are the more general problems encountered, such as unexpected extended existence of the Tribunal and its slow pace of work. In conclusion some general comments are drawn on the contribution of Professor Skubiszewski to the trajectory of the Tribunal, and on the future of the Tribunal itself.

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Talus, Kim. "Just what is the scope of the essential facilities doctrine in the energy sector?: Third party access-friendly interpretation in the EU v. contractual freedom in the US". Common Market Law Review 48, Issue 5 (1.10.2011): 1571–97. http://dx.doi.org/10.54648/cola2011061.

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The application of EU competition law in the energy sector has intensified over the last few years. Article 102 TFEU and the essential facilities doctrine has been employed to change the way in which the European natural gas markets operate. Using a merits based approach to the essential facilities doctrine and transportation capacity contracts, the Commission is attempting to create a market structure capable of supporting competition. While the effect of this body of administrative cases is increasing opportunities for competition and as such can be seen as positive, the measures forced on the back of the essential facilities doctrine raise serious questions on its applicability and scope of actions it allows. A comparison to the case law in the United States shows a stark difference in the approach on the other side of the Atlantic. The Courts in the United States have been less willing to substitute the market-based mechanism with their own views about the most efficient market structure.

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Jacoby, Daniel. "The Transformation of Industrial Apprenticeship in the United States". Journal of Economic History 51, nr 4 (grudzień 1991): 887–910. http://dx.doi.org/10.1017/s0022050700040158.

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Between the 1880s and 1930s, apprenticeship was transformed from an institution dominated by employers to one dominated by unions. Prior to this transformation, employers leveraged their ability to hire, fire, and discipline at will by requiring apprentices to post forfeitable performance bonds. Despite their financial interest in the resolution of contract disputes, employers who withheld employees' bonds judged their own cases. Agency theory helps explain the use and abuse of bonding schemes and their role in the subsequent transformation of apprenticeship.

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Palmer, John L. "Income Security Policies in the United States: The Inevitability and Consequences of Retrenchment". Journal of Public Policy 7, nr 1 (styczeń 1987): 1–32. http://dx.doi.org/10.1017/s0143814x00004323.

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ABSTRACTDuring the 1960s and early 1970s, strong economic growth and highly expansionary income security policies led to considerable progress for the entire American population with respect to major income security goals. However, in the last fifteen years much of this progress has been either arrested or reversed, particularly for the non-aged, as economic growth slowed and income security policies ceased to expand and, in some cases, contracted. This retrenchment was the inevitable consequence of numerous phenomena which preceded, and were reinforced by the Reagan era. American income security policies are not likely to contract generally in the future, nor to resume expanding in a direction characteristic of many Western European welfare states. Rather, the prospects are for slow economic growth, higher targetting of programs by income in some areas, and marginal expansions requiring minimal new commitments of public resources in others. Major income security problems, especially among the lower income population, will remain.

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Santos, Mauricio Gomm Ferreira dos, i Mauricio Gomm Ferreira dos Santos. "Impactful Case Summaries: an Analysis of Developing Arbitral Jurisprudence in the United States". Revista Brasileira de Arbitragem 6, Issue 23 (1.09.2009): 189–221. http://dx.doi.org/10.54648/rba2009049.

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ABSTRACT: The Miami Arbitration Reports cover a number of topics, all of them relevant to the intersection between American law and international arbitration. This collection begins with a number of eye-catching decisions. First, the Sixth and Second Circuits have resurrected the non-statutory ground of "manifest disregard" for vacating an arbitral award. After what seemed like the final word from the US Supreme Court, it looks like the law is continuing to diversify and provide greater uncertainty. Second, the battle to obtain discovery in the United States in aid of private international Tribunals has started to really become interesting. At first, it appeared that the Federal courts would routinely enforce petitions for discovery, but the Southern District of Texas has taken a different path and laid down a challenge to other courts throughout the country. Third, the Fifth Circuit has defined the standard for non-signatories to compel arbitration, but the standard raises questions about the Federal policy favoring arbitration and conflicts over the effectiveness of the standard. And finally, in a case that is very important for those working with consumer contracts, the Eighth Circuit has taken great efforts to provide a workable standard for class action waivers. Then the Reports return to development of the case law after Hall Street. The Ninth Circuit takes up the challenge to interpret Hall Street and the definition of manifest disregard. After noting changes in the Second and Sixth Circuits last edition, the Ninth Circuit adds its voice to the conversation. Second, we profile the Arbitration Fairness Act and its potential effects on American law. With a new President and Congress, many people expect the Act to be passed, and it is crucial to understand it and how it can impact any arbitration with certain connections to American law. Third, the Third Circuit has delved into maritime law to decide how a party can secure a potential arbitral award by beginning proceedings against the ship. The decision has a complex factual and procedural history, and it has a significant impact for litigation arising from contracts on the high seas. And finally, the Eleventh Circuit has charted a course for courts to punish recalcitrant parties who abuse the appellate process by challenging arbitral awards under the manifest disregard standard. These cases seek to stem the tide of unnecessary appeals that dramatically slow the arbitration process. To finish the collection, the Reports conclude with a number of interesting cases. First, we discuss the decisions in both the United States and France regarding the ability of parties to blame the institution for aspects of the award or proceedings that do not work out according to plan. While none of the courts sided with the parties seeking relief, none of the courts closed the option. In the future, we might see more cases against arbitral institutions, and it is important to note the developing trend. Second, we return to the topic of manifest disregard one more time to see how another court interprets the Supreme Court's opinion in Hall Street. This decision is particularly interesting due to its discussion of the history of arbitration and the strength of the opinion relative to the other courts of appeal. Third, we venture into the world of labor arbitration. While many readers may not be particularly familiar with the topic, the Supreme Court has written a thought provoking opinion with implications for the international arbitration community. Finally, we analyze a recent decision from the D.C. Circuit that discusses two important topics: arbitration in the context of joint venture agreements and the length of time an arbitral clause can survive.

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Rozprawy doktorskie na temat "Contracts – united states – cases"

Li, Edward Xuejun. "Real time disclosure through current reports the case of material contracts /". Diss., Connect to online resource - MSU authorized users, 2008.

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Thesis (Ph. D.)--Michigan State University. Dept. of Accounting and Information Studies, 2008.
Title from PDF t.p. (viewed on Apr. 8, 2009) Includes bibliographical references (p. 96-101). Also issued in print.

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Parks, Mark E. "Comparative analysis of decision-making processes with respect to U.S. armaments procurement : a case study of the F-16". Thesis, University of St Andrews, 1988. http://hdl.handle.net/10023/2631.

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The overall purpose of this thesis is to question the value of the use of models regarding decision-making as it effectively operates within the environment of US armaments procurements. For example, conceptual framework models such as bureaucratic politics, organisational outputs, incrementalism, and others are far too simplistic in their application to this subject - they only tend to distort reality. The thesis argues that the process is far too complex with decisional centres shifting throughout the life of any one given system, thus necessitating a more realistic conceptual approach. Evidence of this is provided throughout the discussion of the organisational processes and the roles of those involved in the procurement process. Moreover, it becomes apparent that those in the highest positions of decision-making (for example, Presidents, Secretaries of Defense, etc.) are at times least likely to be involved in decisions, dependent on the stage of development of the weapon system. Further, other groups (for example, Congress, Joint Chiefs, etc.) commonly perceived as the decisional centres have little, if any involvement during the earlier stages in the life of a weapon system. The possibility of their involvement increases as the system enters what the author refers to as the hardware phase, when monies must be appropriated. In other words, the system becomes politicised and the expertise of those in higher positions becomes salient, because they are chosen for their political and managerial skills - not their expertise in detailed defence matters. Even the weight of their decisions during the hardware phase is questionable due to the fact that lower level "experts", referred to as DoD Components, with longer periods of tenure, are consistently directing upwards their appraisals of new systems requirements, threats, etc., thus setting the parameters for the higher positioned decision maker. Following the description of the organisational processes and the roles of those involved, the discussion turns to the case study of the F-16 to validate these points. The purpose is not to research a case study and then attempt to extrapolate from it axioms of weapons procurement. The exercise is intended to yield credence to the points referred to above.

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Bartell, Carol A. "Role-related interests and perceptions of a teacher incentive program: case studies of three elementary schools". Diss., Virginia Polytechnic Institute and State University, 1985. http://hdl.handle.net/10919/53541.

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This study investigated the nature and impact of role-related interests on an attempt at organizational change in the school context. The change effort was an attempt to impose new teacher evaluation procedures in three elementary schools during the conduct of a pilot project. These schools implemented teacher evaluation procedures that were designed as a component of a teacher incentive program. A conceptual model guided this research. The expectation was that role-related interests would have a direct effect on the various actors' perceptions of the teacher evaluation plan. The model presented other factors that would tend to intervene between the actor's role-related interests and perceptions of the plan. These potential intervening variables were defined as: (1) experiences during the pilot, (2) interpersonal relations, and (3) assignment of ratings. The research questions for this study were defined as follows: 1. What are the role-related interests of the key actors at the school building level in the implementation of the pilot plan? 2. How are these interests related to perceptions of the plan? 3. How are perceptions of the plan influenced by experiences that occur during the pilot program? 4. How are perceptions of the plan influenced by interpersonal relations existing between key actors and significant others during the pilot program? 5. How are perceptions of the plan influenced by the actual process of assigning ratings to teachers? A multiple-case design and multiple data gathering methods were employed in addressing the problem from an organizational perspective. Collection of data was begun in the fall of 1984 and completed in the spring of 1985, spanning the duration of the pilot project, which was one school year. Data were collected through interviews, observations, and document analysis. Role-related interests were found to be related to overall initial perceptions of the plan. Those who perceived positive impacts on their own satisfactions and needs were more likely to be positively disposed toward the plan in general and more likely to feel that the plan would achieve its intended goals. The relationship between role-related interests and plan perceptions was influenced by experiences during the pilot and interpersonal relations. A change in perceptions of the plan over time was found to be related to the process of assigning ratings to teachers and to the leadership of the principal.
Ed. D.

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Ofoegbu, Kelechi. "How contractual risk allocation provisions of oil and gas contracts have been, or may be, interpreted by an English court : a case study of some model offshore drilling rig contracts developed in the United Kingdom, Canada and the United States of America". Thesis, University of Dundee, 2018. https://discovery.dundee.ac.uk/en/studentTheses/d61b7e5f-1027-49c3-bfc8-4ff8a1d55a37.

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This study is an examination of how English courts have approached, or are likely to approach - and therefore, the effectiveness of - attempts by the parties to oil and gas contracts to allocate risks arising from the activities which form the subject matter of their respective contracts inter se. The study utilises petroleum industry standard form offshore drilling contracts in the United Kingdom, Canada and the United States of America as the context for this analysis, and examines the risks associated with drilling and other incidental operations, in the light of catastrophic events such as the Macondo disaster in the Gulf of Mexico and the Montara disaster in the Timor Sea. Drawing from the Economic Theory of Law espoused by Richard Posner, which correlates market behaviour, resource allocation and the legal system, and so conceptualises risk from a cost and utility perspective, the study will show that it is actually the economic consequences of the occurrence of an event that are being allocated, and that the entire notion of risk allocation is a determination of how the economic cost of the occurrence of the particular consequence will be borne by the parties to the contract. The study will conclude with a comparative analysis of risk allocation in the different model contracts, and an opinion on the success/effectiveness of the model contracts, as tools used by parties for risk allocation inter se, in response to the challenges created by legislative and judicial intervention. Justification for this opinion will be given, with reference to relevant case law and statutes in the different jurisdictions. Recommendations will be made on how the risk allocation structure can be improved, either by reference to other approaches the parties could adopt, or by clarifying ambiguities in the current approach (where applicable), and proposing a balance in the instances in which, from the study's perspective, the allocation formula is skewed, either due to the imbalance of power between the parties or by the interference of external forces such as the courts and legislature.

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Edleman, Paul Richard Boroujerdi Mehrzad. "Grain contract farming in the United States two case studies /". Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2004. http://wwwlib.umi.com/cr/syr/main.

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Byrdsong, Ricardo Crespo Luis A. Holland George A. Parker Christopher D. Torunoglu Emine Gulsen. "Transformation of Department of Defense contract closeout /". Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FByrdsong.pdf.

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Thesis (M.B.A.)--Naval Postgraduate School, June 2003.
"MBA professional report."--Cover. Joint authors: Luis A. Crespo, George A. Holland, Christopher D. Parker, Emine Gulsen Torunoglu. Thesis advisor(s): David V. Lamm, Phil J. Candreva. Includes bibliographical references (p. 193-198). Also available online.

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Russial, Paul. "Analysis of General Accounting Office bid protest decisions on A-76 studies". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FRussial.pdf.

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Thesis (M.S. in Contract Management)--Naval Postgraduate School, June 2003.
Thesis advisor(s): Jeffrey R. Cuskey, Peter P. Russial, Jr. Includes bibliographical references (p. 101-106). Also available online.

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Hanson, Todd T. "An analysis of Other Transactions : have Other Transactions met the intent of Congress? /". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Jun%5FHanson.pdf.

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Thesis (M.S. in Contract Management)--Naval Postgraduate School, June 2005.
Thesis Advisor(s): Richard B. Doyle, E. Cory Yoder. Includes bibliographical references (p. 127-130). Also available online.

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Roth, Michael Bernard. "An empirical analysis of United States Navy design/build contracts". Thesis, Monterey, California. Naval Postgraduate School, 1995. http://hdl.handle.net/10945/25896.

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Robins, Ricky L. "Comparison of past performance practices between the Department of the Navy and commercial industry". Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FRobins.pdf.

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Książki na temat "Contracts – united states – cases"

Dawson, John Philip. Contracts: Cases and comment. Wyd. 7. New York: Foundation Press, 1998.

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1922-, Harvey William Burnett, i Henderson Stanley D. 1935-, red. Contracts: Cases and comment. Wyd. 8. New York, N.Y: Foundation Press, 2003.

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E, Murray John. Contracts: Cases and materials. New Providence, NJ: LexisNexis, 2015.

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Barnett, Randy E. Contracts: Cases and doctrine. Boston: Little, Brown, 1995.

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Farnsworth, E. Allan. Contracts. Wyd. 2. Boston: Little, Brown, 1990.

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Contracts: Cases and materials. Wyd. 7. [New York]: Foundation Press, 2008.

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Farnsworth, E. Allan. Contracts: Cases and materials. Wyd. 6. New York, N.Y: Foundation Press, 2001.

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1958-, Bushaw Amy C., red. Contracts: Cases, discussion, and problems. Wyd. 3. New York: Wolters Kluwer Law & Business, 2012.

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1958-, Bushaw Amy C., red. Contracts: Cases, discussion, and problems. Wyd. 2. New York, NY: Aspen Publishers, 2008.

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J, Whaley Douglas, red. Cases, problems, and materials on contracts. Wyd. 6. New York: Wolters Kluwer Law & Business, 2012.

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Części książek na temat "Contracts – united states – cases"

DiBiase, Thomas A. (Tad). "United States v. Harold Austin". W No-Body Homicide Cases, 66–92. Wyd. 2. Boca Raton: CRC Press, 2023. http://dx.doi.org/10.4324/9781032618098-11.

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Schehr, Robert. "A View from the United States". W The Criminal Cases Review Commission, 205–18. London: Palgrave Macmillan UK, 2012. http://dx.doi.org/10.1057/9780230245266_15.

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Moore, Joseph F. "Applying FIDIC Contracts in the United States of America". W FIDIC Contracts in the Americas, 260–77. London: Informa Law from Routledge, 2023. http://dx.doi.org/10.4324/9781003201250-11.

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Leisy, Craig A. "Landmark Legal Cases". W Modern Weights and Measures Regulation in the United States, 119–28. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003263661-7.

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DiBiase, Thomas A. (Tad). "Summary of All 576 No-Body Murder Trials in the United States". W No-Body Homicide Cases, 93–361. Wyd. 2. Boca Raton: CRC Press, 2023. http://dx.doi.org/10.4324/9781032618098-12.

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Arzate, Enrique Uribe, i Flor María Ávila Hernández. "Borders, Migration and Human Rights: Case of the United States and Mexico". W Frontiers – Law, Theory and Cases, 159–76. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-13607-8_7.

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Meyers, Robert S. "A Brief History of Immigration Law in the United States". W Conducting Psychological Assessments for U.S. Immigration Cases, 11–16. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-49868-9_2.

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Kilborn, Jason. "National Report for the United States". W Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.003.0019.

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The way the US Bankruptcy Code treats executory contracts is broadly reflective of three major themes that characterize US insolvency policy generally, including in its evolution over time. First, the Code vests the estate administrator with wide-ranging power to reject and minimize the burden of unfavourable contracts, select and enjoy the advantages of favourable contracts, and even assign the advantages of favourable contracts to third parties for the benefit of the estate. This approach prevails in both liquidation and reorganization cases. In reorganization cases, the appearance usually is that the debtor is allowed to take ‘unfair’ advantage of contract counterparties, since the debtor itself, as debtor-in-possession (‘DIP’), seems to be reaping the benefits while externalizing the burdens onto individual contract counterparties. While the Code refers to the ‘trustee’ as the entity empowered to administer contracts in insolvency, the Code makes it clear that the references to ‘trustee’ are largely confined to liquidation cases, and the DIP exercises the trustee’s powers in reorganization cases.

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Houh, Emily. "Race and Contracts". W The Oxford Handbook of Race and Law in the United States. Oxford University Press, 2024. http://dx.doi.org/10.1093/oxfordhb/9780190947385.013.3.

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Abstract This chapter considers how social identities—including those based on race, gender, and sex--affect contract law, and vice versa. It explains how traditional contract law is a social construct that in turn helps construct racialized and gendered capitalism. Yet, certain equitable doctrines in contract law provide opportunities to think about how and why this is so, and how contracts and race and/or gender intersect. The chapter then discusses three cases about three equitable contract doctrines—undue influence, misrepresentation, and unconscionability—to illustrate how this point.It then offers an example of how contract doctrine might be used to achieve more just results in a way that accounts not only for the parties’ individual transactional conduct, but also for more structural forms of discrimination

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David, Sloss. "Engagement of United States Courts with International Law". W The Engagement of Domestic Courts with International Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192864185.003.0009.

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The chapter addresses the engagement of United States courts with international law. It applies the analytical framework developed by the International Law Association Study Group and examines cases in which courts have engaged in various forms of avoidance, alignment, and contestation. United States courts routinely engage in evasive avoidance by deciding cases without reference to international law, even though it could potentially apply. They also sometimes invoke the non-self-execution doctrine to justify a posture of affirmative avoidance. On the other hand, United States courts routinely practice both fair weather alignment and consubstantial alignment to harmonize domestic law with international law. In contrast, cases involving overriding alignment or hyper-alignment are quite rare. In the early twenty-first century, courts decided numerous cases involving the Vienna Convention on Consular Relations (VCCR) that entailed either affirmative or negatory contestation of international law. Aside from VCCR cases, though, judicial decisions involving affirmative or negatory contestation are relatively rare.

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Streszczenia konferencji na temat "Contracts – united states – cases"

White, Nancy J., Sigitas Mitkus i Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania". W Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.

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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations

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Özel, Çağlar, i Dila Okyar. "The Liability of Seller for the Conformity of the Goods in Contracts of Sale According to United Nations Convention on Contracts for the International". W International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01217.

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In practice, breach of contract cases mostly involve controversies over the failure of the seller to deliver conforming goods in accordance with the contract. Article 35 CISG defines the obligation of the seller to deliver conforming goods in a very broad and uniformed manner as it states that, the seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. CISG provides two criteria for the assessment of the non-conformity of goods. One of them is called “subjective” criterion of non-conformity. It goes without saying that the goods delivered shall be in conformity with all specifications agreed upon by the parties whether explicitly or implicitly. The other one is called “objective” criterion. If the agreement of the parties does not involve any specifications at all– like in the case of routine and quick orders of purchase, or if the agreement of the parties is insufficient in this respect, conformity of the goods will be decided according to the objective criterion. In accordance with Article 35 CISG, Article 36 CISG establishes the responsibility of the seller for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that time. Regarding this, Article 67 CISG defines the moment at which the risk passes to the buyer and thus, divides the responsibility between the seller and the buyer.

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Kc, B., A. Amirlatifi i E. Ghazanfari. "Improved Relationships of Moment Magnitude with Regional and Local Magnitudes for Earthquakes in the United States". W 56th U.S. Rock Mechanics/Geomechanics Symposium. ARMA, 2022. http://dx.doi.org/10.56952/arma-2022-0712.

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ABSTRACT: The moment magnitude is the preferred magnitude to characterize the earthquake source. Moment magnitudes (Mw) are calculated from moment tensor inversion. In contrast, the regional short period surface-wave magnitude (Mblg) and local magnitude (ML) are calculated using the amplitude of the Lg surface waves and maximum horizontal amplitude measured by the seismograph, respectively. Moment magnitudes are inaccurate for small earthquakes (Magnitude < 3.5) and if the waveforms used in the moment tensor inversion are recorded in stations with inadequate azimuthal coverage for the earthquake. In such cases, the moment magnitude is estimated using other available magnitudes. Due to the difference in bedrock geology and anelastic attenuation coefficient, the National Earthquake Information Center (NEIC) uses different magnitudes for the Central Eastern (i.e., Mblg) and the Western (i.e., ML) United States. This study uses the Saint Louis University earthquake catalog to develop improved relationships of moment magnitude with the regional magnitude (Mblg) in the Central Eastern U.S., and the local magnitude (ML) for the Western U.S. to accurately estimate moment magnitude when the moment tensor inversion is unavailable. 1. INTRODUCTION Earthquake magnitude is a commonly accepted tool to quantitatively describe the size and severity of an earthquake. During an earthquake event, seismic energy at the hypocenter is radiated through the earth in different waveforms, i.e., body waves (P and S waves) and surface waves (Rayleigh and Love waves), which are recorded by the seismometers on the earth’s surface. In 1935, Charles F. Richter introduced the concept of measuring the earthquake magnitude based on the maximum amplitude of the waveform recorded in a particular type of seismograph (Woods - Anderson torsion instrument) in southern California (Richter (1935)). Richter magnitude (ML) developed by Richter (1935) was only valid for southern California for specific frequency and distance ranges. Thus, several magnitude scales were developed based on the amplitude of the specific type of seismic waves within specified frequency ranges to account for the regional anelastic attenuation of the waveforms and measure the earthquakes in regions other than southern California (e.g., USGS (2022a)).

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De Bakker, C. M. J., L. N. M. Hayward, L. C. Gerstenfeld, M. W. Grinstaff i E. F. Morgan. "Contrast-Enhanced Computed Tomography for Non-Destructive, Quantitative Assessment of the Early Stages of Fracture Healing". W ASME 2011 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2011. http://dx.doi.org/10.1115/sbc2011-53711.

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Each year in the United States, approximately 600,000 bone fractures show delayed or impaired healing and require subsequent surgical intervention1. Techniques for early identification of these cases are presently lacking but could make substantial impact on reducing the morbidity and costs associated with poor bone healing. A current barrier to early assessment of fracture healing is the difficulty in visualizing the cartilaginous “soft” callus that forms at the fracture site in the early stages of repair. The soft callus serves to partially stabilize the fracture and provides a template for subsequent formation of the bony “hard” callus2. Although measurement or estimation of the size, stiffness, and strength of the hard callus is possible by x-ray or computed tomography (CT)3, no analogous methods have been developed for the soft callus, due to the low radio-opacity of cartilage.

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Sylvester, K. Everette, i Jeff Haberl. "An Economic Analysis Method of Energy Saving Strategies in Newly Constructed Buildings". W ASME 2003 International Solar Energy Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/isec2003-44065.

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Businesses and institutions in the United States spend an estimated $175 billion per year for energy. Of that, the fraction under performance contracts and energy service agreements is currently growing, aided by cheaper monitoring technology and integration with energy management and conservation systems. To estimate the potential savings as well as to help verify energy savings retrofits, the American Society of Heating, Refrigeration and Air Conditioning Engineers has developed Standard 90.1 to provide guidance when conducting energy simulations of buildings before they are constructed. Although the potential accuracy afforded by today’s energy simulation programs is high, there is little agreement on current methods when developing the base case building. In addition, there are no current standards to guide the analysis of newly constructed, energy efficient buildings. This paper presents an energy simulation of a newly constructed state office building and compares the energy savings a past study the uses ASHRAE Standard 90.1 and a simulation regression method. Overall, while the results show significant differences between the ASHRAE Standard 90.1 and the calibrated simulation regression method.

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Ipatyev, Ivan R., i Konstantin V. Krinichansky. "Actual problems of regulation of the release and circulation of structured financial products". W Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.pwgl5422.

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The market of structured financial products in emerging economies is a young phenomenon which carries a number of disadvantages. In more developed financial systems in the United States and Europe, it operates in conditions of clearly functioning mechanisms for protecting the rights of consumers of financial services. Despite the efforts made by the Bank of Russia, the system of protection of the rights and legitimate interests of investors, especially individuals, remains incomplete in Russia. There are problems regarding the operation of the information disclosure system, the facts of insider information abuse and market manipulation. Frequent changes in legislation, as well as continuing legislative gaps, create uncertainty. Despite significant discrepancies in the interpretation of the term “structural product”, the grounds for fixing it in legislation and making it “legal” have not yet developed. A structural product, as an artificial or synthetic phenomenon, will be regulated through the application to it of norms relating, respectively, to contracts or securities from which such a product is formed. Also, when purchasing securities on the exchange, the rules on clearing settlements must be observed, and in some cases – on settlements with the participation of a central counterparty, whose functions are traditionally performed by non-bank credit organizations licensed to carry out clearing activities. The task of improving the regulatory framework in order to regulate the issue and circulation of structured products in Russia is especially relevant due to the rapid growth in the number of retail investors.

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Sun, Ling, Santanu Chandra i Philippe Sucosky. "Role of Hemodynamic Shear Stress Abnormalities in the Early Pathogenesis of Bicuspid Aortic Valve Calcification". W ASME 2013 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/sbc2013-14079.

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With a prevalence of 1.3 million cases in the United States, the bicuspid aortic valve (BAV) is the most common congenital cardiac anomaly and is frequently associated with calcific aortic valve disease (CAVD) [1]. The most prevalent type-I morphology, which results from left-/right-coronary cusp fusion, generates different hemodynamics than a tricuspid aortic valve (TAV). While valvular calcification has been linked to genetic and atherogenic predispositions, hemodynamic abnormalities are increasingly pointed as potential pathogenic contributors [2–3]. In particular, the wall shear stress (WSS) produced by blood flow on the leaflets regulates homeostasis in the TAV. In contrast, WSS alterations cause valve dysfunction and disease [4]. While such observations support the existence of synergies between valvular hemodynamics and biology, the role played by BAV WSS in valvular calcification remains unknown. The objective of this study was to isolate the acute effects of native BAV WSS abnormalities on CAVD pathogenesis.

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Wu, An, Harrison Hao Yang, Yinghui Shi i Sha Zhu. "Development of School Technology Leadership: Cases in the United Kingdom and United States". W 2015 International Symposium on Educational Technology (ISET). IEEE, 2015. http://dx.doi.org/10.1109/iset.2015.14.

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Gergely, Beáta. "Financial Consumer Protection Cases in the United States' Case-Law". W MultiScience - XXXI. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2017. http://dx.doi.org/10.26649/musci.2017.106.

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Preble, C. "Creative destruction? Cases of defence conversion in the United States". W DEFENCE HERITAGE 2014. Southampton, UK: WIT Press, 2014. http://dx.doi.org/10.2495/dshf140341.

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Raporty organizacyjne na temat "Contracts – united states – cases"

Chauvin, Juan Pablo. Why Does COVID-19 Affect Some Cities More than Others?: Evidence from the First Year of the Pandemic in Brazil. Inter-American Development Bank, sierpień 2021. http://dx.doi.org/10.18235/0003458.

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This paper investigates what explains the variation in impacts of COVID-19 across Brazilian cities. I assemble data from over 2,500 cities on COVID-19 cases and deaths, population mobility, and local policy responses. I study how these outcomes correlate with pre-pandemic local characteristics, drawing comparisons with existing US estimates when possible. As in the United States, the connections between city characteristics and outcomes in Brazil can evolve over time, with some early correlations fading as the pandemic entered a second wave. Population density is associated with greater local impact of the disease in both countries. However, in contrast to the United States, the pandemic in Brazil took a greater toll in cities with higher income levels consistent with the fact that higher incomes correlate with greater mobility in Brazil. Socioeconomic vulnerabilities, such as the presence of slums and high residential crowding, correlate with higher death rates per capita. Cities with such vulnerabilities in Brazil suffered higher COVID-19 death rates despite their residents' greater propensity to stay home. Policy responses do not appear to drive these connections.

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Frost, Sarah. Institutionalized Discrimination: Three Cases in the United States Military. Portland State University Library, styczeń 2000. http://dx.doi.org/10.15760/etd.6897.

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President, Wai. An Analysis of the United States Air Force Energy Savings Performance Contracts. Fort Belvoir, VA: Defense Technical Information Center, grudzień 2007. http://dx.doi.org/10.21236/ada475896.

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Bourrier, Mathilde, Michael Deml i Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, listopad 2022. http://dx.doi.org/10.31265/usps.254.

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The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.

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Mundlak, Yair, i D. G. Johnson. The Determinants of Agricultural Productivity - the Cases of Israel and the United States. United States Department of Agriculture, styczeń 1986. http://dx.doi.org/10.32747/1986.7562337.bard.

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Shen, Bo, Lynn Price, Manzhi Liu, Lu Meng, Pei Miao, Fan Dai, Meredydd Evans, Sha Yu, Volha Roshchanka i Mark Halverson. White Paper: Unleashing Energy Efficiency Retrofits Through Energy Performance Contracts in China and the United States. Office of Scientific and Technical Information (OSTI), wrzesień 2015. http://dx.doi.org/10.2172/1236618.

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Frost, Jennifer J., Mia R. Zolna, Lori F. Frohwirth, Ayana Douglas-Hall, Nakeisha Blades, Jennifer Mueller, Zoe H. Pleasure i Shivani Kochhar. Publicly Supported Family Planning Services in the United States: Likely Need, Availability and Impact, 2016. Guttmacher Institute, październik 2019. http://dx.doi.org/10.1363/2019.30830.

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Key Points Key Points In 2016, 20.6 million U.S. women were likely in need of public support for contraceptive services and supplies. Between 2010 and 2016, the number of women likely in need of public support for contraceptive services and supplies rose 8% overall. Among women below 250% of federal poverty guidelines, there was a 12% increase; among adolescents, there was a 5% decline. Between 2013 and 2016, the number of women likely in need of public support for contraceptive services who had neither public nor private health insurance fell more than one-third (36%), from 5.6 million to 3.6 million. States that implemented the Affordable Care Act’s Medicaid expansion experienced particularly large declines. Between 2010 and 2016, the overall number of women receiving publicly supported contraceptive services remained stable at about nine million women. However, the number of women served by different types of providers shifted dramatically over this period. While Title X–funded sites continued to serve the largest segment of women receiving publicly supported care, their patient load fell by 25%, from 4.7 million in 2010 to 3.5 million in 2016. The number of contraceptive patients served by other public clinics that do not receive Title X funding rose by 29% and the number of women receiving Medicaid-funded contraceptive services from private providers rose by 19%. In 2016, women who obtained contraceptive services from all publicly supported providers were able to postpone or avoid two million pregnancies that they would have been unable to prevent without access to publicly supported care. Women who obtained contraceptives from Title X–funded clinics avoided 755,000 pregnancies. Screening and vaccination services provided at family planning visits with all publicly supported providers helped patients avoid more than 12,000 cases of pelvic inflammatory disease and nearly 2,000 cases of cervical cancer in 2016. More than 100,000 chlamydia infections, 18,000 gonorrhea infections and 800 cases of HIV were prevented among the partners of women obtaining publicly funded contraceptive care.

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Mendoza, Pamela, i Miguel Székely. Patterns, Trends and Policy Implications of Private Spending on Skills Development in Mexico and the United States. Inter-American Development Bank, marzec 2017. http://dx.doi.org/10.18235/0011784.

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This paper explores families' investment in skills development through education in a high-inequality, low-education quality country such as Mexico, comparing it to a lower-inequality, higher-quality education country such as the United States. The paper uses a series of high-quality Household Income and Expenditure Surveys for both countries spanning around 20 years and different methodological approaches. Of particular interest is the analysis of education expenditure patterns along the income distribution. Policy implications for both cases are discussed. While in Mexico stimulating private spending in education through public resources might be regressive, the opposite might be the case in the United States.

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Fabio Morales, Leonardo, Eleonora Dávalos i Raquel Zapata. Estimating Vacancy Stocks from Aggregated Data on Hires: A Methodology to Study Frictions in the Labor Market. Banco de la República de Colombia, kwiecień 2023. http://dx.doi.org/10.32468/be.1228.

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We develop a methodology that recovers an estimate of the average stock of vacancies using the information on aggregated hires. We show that our prediction of the vacancy stock is unbiased, and it captures well the level and the dynamics of the United States job opening positions reported in the Job Openings and Labor Turnover Survey. We use the methodology to predict vacancies in Colombia for formal and informal salaried workers; together with unemployment, we estimate Beveridge curves and matching functions by occupations, which allows us to study the nature of the efficiency, frictions, and mismatches for different occupations. We find that the formal labor market of technicians is the most inefficient of them all; this inefficiency comes from the mismatch between the abilities of the workers and the requirement of the vacancies. Reducing friction in this occupation will require education and job-oriented training policies. In contrast, the frictions in the market for unskilled workers come from informational lacks. The reductions of friction, in this case, will come from better intermediation and active search policies.

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Glick, Mark. An Economic Defense of Multiple Antitrust Goals: Reversing Income Inequality and Promoting Political Democracy. Institute for New Economic Thinking Working Paper Series, marzec 2022. http://dx.doi.org/10.36687/inetwp181.

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Two recent papers by prominent antitrust scholars argue that a revived antitrust movement can help reverse the dramatic rise in economic inequality and the erosion of political democracy in the United States. Both papers rely on the legislative history of the key antitrust statutes to support their case. Not surprisingly, their recommendations have been met with alarm in some quarters and with skepticism in others. Such proposals by antitrust reformers are often contrasted with the Consumer Welfare Standard that pervades antitrust policy today. The Consumer Welfare Standard suffers from several defects: (1) It employs a narrow, unworkable measure of welfare; (2) It excludes important sources of welfare based on the assumption that antitrust seeks only to maximize wealth; (3) It assumes a constant and equal individual marginal utility of money; and (4) It is often combined with extraneous ideological goals. Even with these defects, however, if applied consistent with its theoretical underpinnings, the consideration of the transfer of labor rents resulting from a merger or dominant firm conduct is supported by the Consumer Welfare Standard. Moreover, even when only consumers (and not producers) are deemed relevant, the welfare of labor still should consistently be considered part of consumer welfare. In contrast, fostering political democracy—a prominent traditional antitrust goal that was jettisoned by the Chicago School—falls outside the Consumer Welfare Standard in any of its constructs. To undergird such important broader goals requires that the Consumer Welfare Standard be replaced with the General Welfare Standard. The General Welfare Standard consists of modern welfare economics modified to accommodate objective analyses of human welfare and purged of inconsistencies.

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