entity · derived
Private ordering
Derived node: assembled mechanically from the claims carrying private-ordering. A roster, not an adjudicated definition.
Every claim under this term
- 617681-005 : The authors propose that private ordering can design an adjudication system for European corporate law better than public ordering by Member States that are marketing their corporate laws to managers
- 617681-029 : A single body of arbitrators affiliated through an association is better positioned than the courts of separate Member States to develop a systematic and consistent approach to the conflict of laws pr
- 617681-036 : Member States should provide in their corporate statutes an arbitration enabling provision allowing corporate charters to mandate arbitration of internal affairs disputes instead of adjudication in na
- 1908473-039 : Contingent capital is more efficient than prepackaged plans or preplan sales because it provides a resolution mechanism outside formal proceedings and free of their restrictions, since the Bankruptcy
- 1998455-029 : The social welfare maximization potential of contingent capital securities is lower if their design features are left entirely to private ordering, because private parties do not necessarily structure
- 1998455-040 : Contingent capital can facilitate an incentive structure that lets regulators rely partially on private party contracting for the design of these securities while still accounting for systemic risk.
- 2029983-034 : The race to the bottom objection to a contract based approach is weaker than assumed because a race to the bottom requires the consent of both buyers and sellers, and the objection assumes that buyers
- 2061166-002 : The authors contend that the European Commission's goal of maximum harmonization through a global single rule book may not be achievable, and that a legal framework for private ordering of contingent
- 2097160-005 : Market solutions and private ordering alone are unlikely to produce contingent capital designs that improve corporate governance in SIFIs, because privately negotiated sales so far have not produced g
- 2097160-017 : Institution-specific automatic triggers are the preferred basis for early trigger designs because they are flexible and independent of regulatory discretion.
- 2267560-024 : Unlike ordinary private ordering, where formalization of informal rules can be a lengthy process that is never finalized, formalization of informal rules in the dynamic process happens sooner and is m
- 2273857-034 : The SEC never actually interpreted Section 402 of Sarbanes-Oxley and instead merely acquiesced in a law firm memorandum interpreting the provision, so private entities in effect fulfilled the SEC's st
- 2273857-057 : Institution specific automatic triggers in contingent capital securities are flexible and can be tailored to the parties' needs precisely because they operate independently of regulatory discretion.
- 2273857-066 : A mixture of mandatory rules, market solutions, and private ordering would increase the adaptive capabilities of rulemaking, curtail the effects of the collective action problem of rulemaking, and dam
- 2834531-025 : Contesting the safety rationale offered for restricting Uber, the authors argue that the two way rating system and the algorithmic matching of drivers and customers already provide an effective means
- 3017612-007 : Because public and close corporation shareholders differ materially in bargaining power, close corporation shareholders should be granted greater flexibility to order their affairs by agreement.
- 3017612-023 : US law gives corporate participants wide latitude to restrict share transfers, and such restrictions are usually upheld unless their terms are unreasonable in the circumstances.
- 3067615-031 : Private initiatives are emerging to fill the ICO disclosure and rating gap, including a joint venture between Ambisafe and the rating agency ICOrating created to ensure high quality standards and supp
- 3405660-021 : Indirect regulation minimizes regulatory expense by relying on the private sector risk practices of counterparties and creditors, producing an equilibrium between regulatory cost and regulatory attain
- 3652481-015 : Parties may try to limit remedies to DAO assets through private agreements, but if the DAO faces a tort suit such an agreement is unlikely to be upheld.
- 3799320-010 : Private agreements that limit remedies to DAO assets are unlikely to be upheld if the DAO faces a tort suit.
- 5886342-003 : The Codex is positioned as a private universal standard rather than state legislation: it supplies legal certainty and enforceability for digital systems ranging from blockchain and AI to quantum comp
- 5886342-005 : The Codex operates as a complementary legal layer: it adds a consistent legal dimension to existing digital systems through system referenced adoption, so a platform brings the rules into force by ref
- 5886342-022 : Where the applicable national property law conflicts directly with the digital ownership provisions of the Codex, the parties undertake by contract not to initiate proceedings to enforce the conflicti
- 5887242-012 : The UDLC DAO requires no legal wrapper, foundation, or centralized representative in any jurisdiction, because the Codex functions as a self-contained private legal order that parties opt into by expl