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Dangers Of Law Clerks With Checklists

Dangers Of Law Clerks With Checklists The discussion surrounding the dangers of automation typically centre on novel and futuristic application of Artificial Intelligence.  Even if we are not worried about Skynet terminating humans, we worry about application of data,...

Why We Should Abolish The Income – Capital Distinction

Why We Should Abolish The Income - Capital DistinctionMuch of the present tax system was designed in an era of physical industry and service and is not well suited to the modern intellectual property based environment. The past 20 years of “tax reform” has mostly been...

Why the Partnership Model is Broken

Only one person I can think of from my graduating class of 2005 is a Partner at a law firm. Of course, there might be more that I haven't kept in touch with, but it is an interesting anecdote. A number of them became Partners at a firm for a couple of years, but they...

COVID, Rent, Sharing Losses and Systemic Risk

COVID, Rent, Sharing Losses and Systemic Risk

Our contracts and the law surrounding them do not account for systemic risk. I believe that the common law has done a good job of balancing risks between parties (or rather a not-terrible job: it is difficult to determine whether law is truly good, merely whether there could be worse). Parties are generally held to their obligations, and there are limited situation that they can get out of them such as misrepresentation, fraud, implied terms, unconscionability, duress, frustration and undue influence to name a few. 

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