Showing results 1 - 3 of 3
| Kathryn E. Spier
March 11, 2021, Paper: "Many firms require consumers, employees, and suppliers to sign class action waivers as a condition of doing business with the firm, and the US Supreme Court has endorsed companies' ability to block class actions through mandatory individual arbitration clauses. Are class action waivers serving the interests of society or are they facilitating socially harmful business practices? This paper synthesizes and extends the…
| Kathryn E. Spier
Irreconcilable Differences: Judicial Resolution of Business Deadlock. Kathryn E. Spier, June 19, 2013, Paper. "This article studies the judicial resolution of business deadlock. Asset valuation, a necessary component of business divorce procedures, can pose serious problems in cases of closely-held businesses, such as general partnerships and limited liability companies (LLCs). Courts face the challenge of designing valuation mechanisms that…
| Kathryn E. Spier
Should Consumers Be Permitted to Waive Products Liability? Product Safety, Private Contracts, and Adverse Selection. Kathryn E. Spier, March 8, 2013, Paper. "A potentially dangerous product is supplied by a competitive market. The likelihood of a product-related accident depends on the unobservable precautions taken by the manufacturer and on the type of the consumer. Contracts include the price to be paid by the consumer ex ante and stipulated…