Boilerplate

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Boilerplate

Author : Margaret Jane Radin
Publisher : Princeton University Press
ISBN 13 : 0691163359
Total Pages : 358 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Boilerplate by : Margaret Jane Radin

Download or read book Boilerplate written by Margaret Jane Radin and published by Princeton University Press. This book was released on 2014-11-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Negotiating and Drafting Contract Boilerplate

Author : Tina L. Stark
Publisher : ALM Publishing
ISBN 13 : 9781588521057
Total Pages : 712 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Negotiating and Drafting Contract Boilerplate by : Tina L. Stark

Download or read book Negotiating and Drafting Contract Boilerplate written by Tina L. Stark and published by ALM Publishing. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.

Boilerplate

Author : Omri Ben-Shahar
Publisher : Cambridge University Press
ISBN 13 : 1139464124
Total Pages : 211 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Boilerplate by : Omri Ben-Shahar

Download or read book Boilerplate written by Omri Ben-Shahar and published by Cambridge University Press. This book was released on 2007-05-21 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.

Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1139500058
Total Pages : 427 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Boilerplate Clauses, International Commercial Contracts and the Applicable Law by : Giuditta Cordero-Moss

Download or read book Boilerplate Clauses, International Commercial Contracts and the Applicable Law written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2011-03-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module

Author : Robert V. Doggett
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module by : Robert V. Doggett

Download or read book Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module written by Robert V. Doggett and published by . This book was released on 1966 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Three and a Half Minute Transaction

Author : Mitu Gulati
Publisher : University of Chicago Press
ISBN 13 : 0226924386
Total Pages : 243 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis The Three and a Half Minute Transaction by : Mitu Gulati

Download or read book The Three and a Half Minute Transaction written by Mitu Gulati and published by University of Chicago Press. This book was released on 2013 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.

The Boilerplate Rhino

Author : David Quammen
Publisher : Simon and Schuster
ISBN 13 : 0743200322
Total Pages : 288 pages
Book Rating : 4.7/5 (432 download)

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Book Synopsis The Boilerplate Rhino by : David Quammen

Download or read book The Boilerplate Rhino written by David Quammen and published by Simon and Schuster. This book was released on 2001-04-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of twentysix essays about the natural world captures the relationship between human and animal, with such topics as rattlesnakes and their handlers, and spiders and arachnophobia, all told in an entertaining, enlightening style.

Boilerplate

Author : Richard Christou
Publisher :
ISBN 13 : 9780421782808
Total Pages : 239 pages
Book Rating : 4.7/5 (828 download)

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Book Synopsis Boilerplate by : Richard Christou

Download or read book Boilerplate written by Richard Christou and published by . This book was released on 2002 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise guide to the most commonly used boilerplate clauses for commercial contracts provides a detailed analytical commentary on each clause, together with advice on its practical application.The work takes account of recent case law where applicable, and has been updated to provide new sections on competition law, consumer law and intellectual property rights, and new case law under the Unfair Contract Terms Act 1977.* Acts as a practical drafting tool for practitioners drafting contracts* A single source of the most commonly-used boilerplate clauses* The clauses are interspersed with concise commentary, guiding the reader on when to use the clause and points to note* Includes a CD-ROM with all the clauses in a ready-to-use format

The Boilerplate Rhino

Author : David Quammen
Publisher : Simon and Schuster
ISBN 13 : 1439125430
Total Pages : 288 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis The Boilerplate Rhino by : David Quammen

Download or read book The Boilerplate Rhino written by David Quammen and published by Simon and Schuster. This book was released on 2012-10-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1981 David Quammen began what might be every freelance writer's dream: a monthly column for Outside magazine in which he was given free rein to write about anything that interested him in the natural world. His column was called "Natural Acts," and for the next fifteen years he delighted Outside's readers with his fascinating ruminations on the world around us. The Boilerplate Rhino brings together twenty-six of Quammen's most thoughtful and engaging essays from that column, none previously printed in any of his earlier books. In lucid, penetrating, and often quirkily idiosyncratic prose, David Quammen takes his readers with him as he explores the world. His travels lead him to rattlesnake handlers in Texas; a lizard specialist in Baja; the dinosaur museum in Jordan, Montana; and halfway across Indonesia in search of the perfect Durian fruit. He ponders the history of nutmeg in the southern Moluccas, meditates on bioluminescent beetles while soaking in the waters of the Amazon, and delivers "The Dope on Eggs" from a chicken ranch near his hometown in Montana. Quammen's travels are always jumping-off points to explore the rich and sometimes horrifying tension between humankind and the natural world, in all its complexity and ambivalence. The result is another irrepressible assortment of ideas to explore, conundrums to contemplate, and wondrous creatures to behold.

HTML5 Boilerplate Web Development

Author : Divya Manian
Publisher : Packt Publishing Ltd
ISBN 13 : 9781849518505
Total Pages : 174 pages
Book Rating : 4.5/5 (185 download)

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Book Synopsis HTML5 Boilerplate Web Development by : Divya Manian

Download or read book HTML5 Boilerplate Web Development written by Divya Manian and published by Packt Publishing Ltd. This book was released on 2012 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: "HTML5 Boilerplate Web Development" is a practical guide rich with information on getting the best out of the boilerplate. Readers follow the expert author through a project of building a music festival site; the tutorials and lessons learned are easily applicable to any website project,This book is for all developers who are familiar with creating web projects using HTML, CSS, and JavaScript, however, no deep knowledge is necessary. Some knowledge of what a web server is and how it can be configured is good to have. You should also not be afraid to use the command line (fear not! There are links within that should make you less afraid). There is no expectation that you know HTML5 Boilerplate.

Contract Drafting

Author : Lenné Eidson Espenschied
Publisher : American Bar Association
ISBN 13 : 9781604427950
Total Pages : 334 pages
Book Rating : 4.4/5 (279 download)

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Book Synopsis Contract Drafting by : Lenné Eidson Espenschied

Download or read book Contract Drafting written by Lenné Eidson Espenschied and published by American Bar Association. This book was released on 2010 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.

A-Z Guide to Boilerplate and Commercial Clauses

Author : Mark Anderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1526500620
Total Pages : 769 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis A-Z Guide to Boilerplate and Commercial Clauses by : Mark Anderson

Download or read book A-Z Guide to Boilerplate and Commercial Clauses written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2017-10-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads

"Click to Consent": Boilerplates in the Digital Age

Author : Darren Barnett
Publisher : Lulu.com
ISBN 13 : 0244903719
Total Pages : 136 pages
Book Rating : 4.2/5 (449 download)

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Book Synopsis "Click to Consent": Boilerplates in the Digital Age by : Darren Barnett

Download or read book "Click to Consent": Boilerplates in the Digital Age written by Darren Barnett and published by Lulu.com. This book was released on 2017 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did you read the small print when you signed for your latest mobile phone contract? No, I didn't think so. When you come to sign contracts of this sort, you soon realise that there is very little negotiation, and you know very little about the contents of the contract. This book explores the implications of standard form contracts, and how their current structure leaves consumers very much in the dark about the terms. This book also explores how the Internet has contributed to complicating these contentious issues, and what possible solutions could be implemented in order to protect consumer rights.

Curriculum Leadership

Author : Leo H. Bradley
Publisher : Rowman & Littlefield
ISBN 13 : 1578860733
Total Pages : 174 pages
Book Rating : 4.5/5 (788 download)

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Book Synopsis Curriculum Leadership by : Leo H. Bradley

Download or read book Curriculum Leadership written by Leo H. Bradley and published by Rowman & Littlefield. This book was released on 2004 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving beyond alignment and national boilerplate standards, this book takes the position that curriculum and instruction are inseparable concepts from the institutional point of view, and presents strategies to ensure their congruency. To achieve student success it is imperative that educational leaders have superb knowledge and skills in curriculum and instructional leadership whether they operate from the central office or the building level. Bradley contends that paper and pencil tests to measure student achievement on basic and minimum skills will certainly remain as one criterion of school evaluation. However, the public and the educational community will continue to demand the maximizing of potential for all students as an evaluation component of equal value and importance. The educational leader of today and tomorrow will need the knowledge and skills to facilitate this two-pronged approach to student achievement through curriculum design, development, implementation, and evaluation. Curriculum Leadership has, as its purpose, the preparation of leaders to facilitate this process.

Examples & Explanations for Copyright

Author : Stephen M. McJohn
Publisher : Aspen Publishing
ISBN 13 : 1543819931
Total Pages : 1025 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Examples & Explanations for Copyright by : Stephen M. McJohn

Download or read book Examples & Explanations for Copyright written by Stephen M. McJohn and published by Aspen Publishing. This book was released on 2021-03-17 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Boilerplate

Author : Omri Ben-Shahar
Publisher :
ISBN 13 : 9780511301773
Total Pages : 237 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Boilerplate by : Omri Ben-Shahar

Download or read book Boilerplate written by Omri Ben-Shahar and published by . This book was released on 2007 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the boilerplate, or the fine print of mass-distributed contracts: what it says, who writes it, and who reads it.

Boilerplating America

Author : Eugene C. Harter
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Boilerplating America by : Eugene C. Harter

Download or read book Boilerplating America written by Eugene C. Harter and published by . This book was released on 1991 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations never develop in the same way. America has two histories: one that encompasses Colonial times--powdered wigs, slavery, machineless; and hte other history describing quite a different country, the post Civil War United States--more like, and perhaps more relevant to our present day. Our study centers on this second America, an agricultural country until the 1930s. Beign agrarian in that post-war period, it should not surprise one to learn that the inland, small town newspapers were major factors in the culture. They were the most-read publications in the nation. These little journals were he "conveyors" of ready-pring (the hidden newspaper) and related boilerplate; which form the basis of our study.