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  • ISBN: 9780226737782
  • ISBN10: 0226737780

Legal Secrets Equality and Efficiency in the Common Law

by Kim Lane Scheppele

  • List Price: $113.00
  • Binding: Hardcover
  • Publisher: Univ of Chicago Pr
  • Publish date: 12/01/1988
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Preface1. Framing SecrecyChapter One - The Sociology of Secrecy The Trails of Five Secrets The Concept of Secrecy Forms of Secrecy Justifications for Secrets A Note on Lies and Half-Truths Secrets and the Social Distribution of Knowledge Chapter 2 - The Economic Analysis of Secrecy An Economic Hypothesis The Economics of Information: An Overview The Law and Economics of Secrecy Efficient Secrets Chapter 3 - Secrecy and Strategy Strategic Uses of Information The Social Context of Strategic Secrets The Costs of Secret-Keeping in a Reactive World2. Developing a New JurisprudenceChapter Four - A Contractarian Theory of Law Consent as a Basis for Legal Morality How Consent Works Those Who Choose Scope of Consent: Holistic or Piecemeal Negative and Positive Contractarianism Direct Secrets Serial and Shared Secrets Contractarianism and Utilitarianism Chapter Five - A Theory of Legal Interpretation: The Mutual Construction of Rules and Facts On the Question of Texts The Need for a Theory of Interpretation The Interpretive Theory of the Economic Analysis of Law A Theory of Legal Interpretation Implications for the Study of Law Coda: How Law Is Not Like Literature3. Understanding FraudChapter Six - The Nondisclosure Puzzle and Equal Access to Information Where the Buyer Knows More than the Seller Where the Seller Knows More than the Buyer Equal Access as a Theory of the Doctrine of Nondisclosure Comparing Contractarian and Economic Theories Chapter Seven - Legally Relevant Facts in Fraud Cases The Importance of Material Information The Status of the Parties: Buyer and Seller Equal or Superior Means of Knowledge The Relation of the Parties to Each Other The Nature of the Agreement Special Confidence The Conduct of the Knowledgeable Party Chapter Eight - Comparing Economic and Contractarian Theories of Nondisclosure and Fraud The Economic Analysis of Nondisclosure Legitimate Nondisclosure and Equal Access to Information4. Understanding PrivacyChapter Nine - Secrecy and Privacy Secrets in the Shadow of Privacy Privacy Claims and Standing to Sue Chapter Ten - Threshold Rules and Direct Secrets Threshold Rules Direct Secrets Chapter Eleven - Serial Secrets Overdisclosure Identification Confidential Relations A Note on Secondhand Secrets Chapter Twelve - Trade Secrets as Corporate Privacy Secrecy Investment Confidential Relations Independent Discovery Chapter Thirteen - Comparing Economic and Contractarian Theories of Privacy The Economic Theory of Privacy A Contractarian Theory of Privacy5. Understanding Implied WarrantiesChapter Fourteen - The Rule and Reality of Caveat Emptor in New York State, 1804-1900 Caveat Emptor as a Legal Puzzle Core Applications of the Doctrine of Caveat Emptor Food, Fraud, Horses, and Slaves: The Original Exceptions to the Caveat Emptor Rule The Rise of Sales by Sample: 1825-1900 Another Shift in Sales Conventions: The Executory Contract, 1840-1900 Complex Products and the Knowledgeable Seller: 1860-1900 Economic and Contractarian Theories of Implied Warranty6. ConcludingChapter Fifteen - The Logic of Legal Secrets Toward a Social Theory of Secrecy Toward a Contractarian Theory of Law Towarda Constitutional Jurisprudence Appendix: Studying the Common Law: An Introduction for Social Scientists References Table of Cases Index of Names Subject Index
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