Private Law Theory

“Omri Ben-Shahar and Carl Schneider are careful, meticulous, and forceful in their critique of mandatory disclosure as a regulatory mechanism. And they are in a basic sense right. Mandatory disclosure really does operate as this ‘Lorelei, luring lawmakers on to the rocks of regulatory failure’ (4). I thoroughly recommend their rich new book, even if one has already read the law review article from which it sprung, The Failure of Mandated Disclosure, 159 University of Pennsylvania Law Review 647 (2011). What Ben-Shahar and Schneider are not, however, is dreamers. They take rigorous aim at mandatory disclosure in its present form, without really imagining how that form stands to evolve …” (more)

[Ryan Calo, ContractsProf Blog, 16 September]

First posted 2014-09-17 06:25:23