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Distribution by Scientific Domains
Law and Criminology60%

Selected Abstracts

Semantic confusion regarding the development of multisensory integration: a practical solution

EUROPEAN JOURNAL OF NEUROSCIENCE, Issue 10 2010
Barry E. Stein
Abstract There is now a good deal of data from neurophysiological studies in animals and behavioral studies in human infants regarding the development of multisensory processing capabilities. Although the conclusions drawn from these different datasets sometimes appear to conflict, many of the differences are due to the use of different terms to mean the same thing and, more problematic, the use of similar terms to mean different things. Semantic issues are pervasive in the field and complicate communication among groups using different methods to study similar issues. Achieving clarity of communication among different investigative groups is essential for each to make full use of the findings of others, and an important step in this direction is to identify areas of semantic confusion. In this way investigators can be encouraged to use terms whose meaning and underlying assumptions are unambiguous because they are commonly accepted. Although this issue is of obvious importance to the large and very rapidly growing number of researchers working on multisensory processes, it is perhaps even more important to the non-cognoscenti. Those who wish to benefit from the scholarship in this field but are unfamiliar with the issues identified here are most likely to be confused by semantic inconsistencies. The current discussion attempts to document some of the more problematic of these, begin a discussion about the nature of the confusion and suggest some possible solutions. [source]

Competition and the Quality of Standard Form Contracts: The Case of Software License Agreements

JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2008
Florencia Marotta-Wurgler
Standard form contracts are pervasive. Many legal academics believe that they are unfair. Some scholars and some courts have argued that sellers with market power or facing little competitive pressure may impose one-sided standard form terms that limit their obligation to consumers. This article uses a sample of 647 software license agreements drawn from many distinct segments of the software industry to empirically investigate the relationship between competitive conditions and the quality of standard form contracts. I find little evidence for the concern that firms with market power, as measured by market concentration or firm market share, require consumers to accept particularly one-sided terms; that is, firms in both concentrated and unconcentrated software market segments, and firms with high and low market share, offer similar terms to consumers. The results have implications for the judicial analysis of standard form contract enforceability. [source]

What's in a Standard Form Contract?

JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 4 2007
An Empirical Analysis of Software License Agreements
The vast majority of commercial transactions are governed by standard form contracts, but little is known about their actual content and the determinants of that content. This article provides a comprehensive empirical analysis of an important class of modern standard form contracts,software license agreements. In a sample of 647 licenses for software from various markets, I document the prevalence of terms relating to license acceptance, license scope, limitations on transfer, warranties, limitations on liability, maintenance and support, and conflict resolution. I find that almost all licenses display a net bias, relative to relevant default rules, in favor of the software company (the contract writer). I also investigate firm- and buyer-type determinants of the net bias. Larger and (controlling for size) younger firms offer more one-sided terms. Firms offer similar terms to both business buyers and members of the general public. In addition to providing new insight about the nature of standard form contracts, the results may inform efforts to draft new default rules to govern software transactions. [source]

Reconstructing Insurance Law: The Law Commissions' Consultation Paper

THE MODERN LAW REVIEW, Issue 1 2008
Rob Merkin
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law , Non-disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendations. It begins by noting, as a means of demonstrating that the current reform process should be informed by modern industry practices, that the ways in which modern insurance contracts are concluded differ significantly from those when insurance law was last reviewed by the Law Commission in 1980. The article then discusses the dichotomy between consumer and business insurance given that this distinction underpins the LCCP and its approach towards reforming the pre-contractual duty of good faith. By way of backdrop to the analysis, we consider the approach taken towards reforming the law governing intermediaries acting for prospective assureds during the disclosure process. Finally, the proposed rules for warranties and similar terms are examined. It is argued that the proposal to retain continuing warranties in business insurance contracts will, if implemented, represent a missed opportunity to rid insurance contracts of terms long criticised as draconian and disproportionate in their effect. [source]

A Unified Theory of Development: A Dialectic Integration of Nature and Nurture

CHILD DEVELOPMENT, Issue 1 2010
Arnold Sameroff
The understanding of nature and nurture within developmental science has evolved with alternating ascendance of one or the other as primary explanations for individual differences in life course trajectories of success or failure. A dialectical perspective emphasizing the interconnectedness of individual and context is suggested to interpret the evolution of developmental science in similar terms to those necessary to explain the development of individual children. A unified theory of development is proposed to integrate personal change, context, regulation, and representational models of development. [source]