In 2021, the Supreme Court denied certiorari in Care Alternatives v. United States, leaving open a circuit split regarding intersection of expert testimony and falsity element False Claims Act. This uncertainty could lead to significant civil liability not only for Medicare/Medicaid service providers, but also any private parties that receive money from federal government. Note outlines three p...

Contract interpretation remains the most important source of commercial litigation and the most contentious area of contemporary contract doctrine and scholarship. Two polar positions have competed for dominance in contract interpretation. In a textualist regime, generalist courts cannot consider context; in a contextualist regime, they must. Underlying this dispute are contrary assumptions abo...

The global environment is not in a better shape than 50 years ago (climate change, loss of biodiversity, pollution, waste natural resources, poverty). As main reasons for the limited result legal efforts to appropriately preserve and protect environment, contribution identifies poor drafting environmental agreements, absence effective implementation mechanisms their full application, attemps ke...

Abstract This paper discusses the accountability gap problem posed by artificial intelligence. After sketching out we turn to ancient Roman law and scrutinise how slave-run businesses dealt with through an indirect agency of slaves. Our analysis shows that developed a heterogeneous framework in which multiple legal remedies coexist accommodate various competing interests owners contracting thir...

concern for the protection of the weak party is a characteristic of contemporary french contract law. in the area of the obligation to provide information, the question arises as to what criterion should be applied to distinguish the weak party from the one placed in a position of power: on what basis is the party in the inferior position protected by jurisprudence and by the legislator in the ...

An important determinant of health system performance is contracting. Providers often respond to financial incentives, despite the ethical underpinnings of medicine, and payers can craft contracts to influence performance. Yet contracting is highly imperfect in both single-payer and multi-payer health systems. Arguably, in a competitive, multi-payer environment, contractual innovation may occur...

Lean principles have shaped the automotive sector’s success in reducing costs and improving performance. Other industry sectors such as aerospace and construction in the U.K. have pursued similar benefits by similar means with differing degrees of success. An acknowledged vein of research in the transaction cost economics and relational contracting fields, emphasises the importance of informal ...

We examine network effects as an impediment to optimal financial contracting. In devising the terms of their transaction, the parties may prefer to conform to a market standard rather than matching their own contracting needs. To study this possibility, we investigate choice of contract law provisions in European debt securities. In order to disentangle network effects from the effects of subst...