Good Faith Discrimination

The Supreme Court\u27s current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court\u27s racial jurisprudence stem from the Court\u27s willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination

Good faith in the reform of insurance law

Article by Professor John Birds, University of Sheffield published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London

TINJAUAN YURIDIS ASAS ITIKAD BAIK DALAM TRANSAKSI ELEKTRONIK SEBAGAI PERLINDUNGAN HUKUM TERHADAP KONSUMEN

The principle of good faith is very important in electronic buying and selling transactions as an effort to protect consumers. This principle is regulated in Article 1338 paragraph (3) of the Civil Code and is considered fundamental in agreements, including electronic buying and selling. With the increase in electronic transactions through social media and e-commerce, consumers often face problems such as dishonest reviews, goods not delivered, or non-conforming goods. Therefore, this research aims to find out whether the principle of good faith has an important role in electronic buying and selling transactions against consumer protection and how legal protection if business actors do not apply the principle of good faith in electronic buying and selling transactions. The research method used in this research is the normative legal method. The problem approach used is the statute approach. The technique of collecting legal materials is done by literature study and document study, then analysed descriptively qualitatively. The results of this study provide insights related to the Electronic Information and Transaction Law (UU ITE) and the Consumer Protection Law (UUPK) regulating the obligation of business actors to provide complete and correct information and prohibiting trade in goods that are not in accordance with what is advertised. As well as legal protection for consumers who are harmed by business actors who do not act in good faith, including preventive and repressive efforts

The Theory of `Internal Exit', a comment on Buchanan and Faith (1987)

The purpose of this note is to correct an error in the seminal article on secession by Buchanan and Faith (1987). In their paper, Buchanan and Faith neglected an important effect: political separation affects markets and consequently individual private incomes.secession, public good.

Substance or Mere Technique? A Precis on Good Faith Performance in England, France and Germany

This paper attempts to offer a concise discussion of good faith performance and other functionally equivalent doctrines in the laws of England, Germany and France. The study’s goal is that of appraising the consistency of existing differences. More specifically, of whether they relate merely to technique - not being paralleled by diverging final outcomes - or whether the rift is deeper and goes to the very substance of the approach to the solution of similar practical problems. For this purpose, the work first shows the close connection between good faith performance (of contractual obligations) and good faith enforcement (of contractual rights), which – it is contended – are simply different perspectives to bear on substantially identical legal questions. The work then proceeds to examine instances in which either of these perspectives is used to solve disputes, and offers an overview of the most frequent approaches, doctrines and provisions used under the three chosen national laws. At the end of the legal analysis, it is concluded that all three systems recognise similar instances as deserving some degree of legal intervention, performed either under the aegis of good faith or through other legal constructs. It is, however, precisely the difference in the nature and breadth of the legal constructs used across jurisdictions that ends up casting uncertainties as to the precise level of agreement of the three systems: differences in technique may indeed translate in divergent substantial outcomes, albeit only in limited cases

The good faith principle in contract law and the precontractual duty to disclose: comparative analysis of new differences in legal cultures.

The purpose of this paper is to delineate new similarities and future differences between legal systems, using pre-contractual liability and good faith. Instead of focusing on the differences between common law and civil law, we focus our attention on the gap between Europe, England included, and United States. All over Europe, under the influence of good faith jurisprudence, duty to inform has been extremely broadened. Contemporary debate confirms that European Legal Academia overemphasizes the importance of the quest for central common principles of European private law, like Good Faith and obligation de renseignement, and ignores questions regarding cost-benefit effects of disclosure, parties informational rent seeking and general policy considerations. A stereotyped legal doctrine, concentrating on the influence of EU directives on national legal system and, in some cases, unification as a forthcoming national-positive law can create an undesirable effect in the creation of future case law.

Guidance on the wearing of Sikh articles of faith in the workplace and public spaces

"The guidance explains current legislation as it applies to the wearing of Sikh articles of faith, as well as the rights, duties and obligations associated with these. It highlights: key issues facing employers, service providers and individuals of Sikh faith with regards to the wearing of Sikh articles of faith; and, good practice in relation to Sikh articles of faith." - Page 1

Good faith in sovereign debt restructuring: the evolution of an open norm in ‘localised’ contexts?

Since the Argentine debt crisis in 2001 (and the settlement of 2005) the influence and credibility of the official sector especially the IMF is at a historical low. It is in this context that changes in sovereign bond contracts, for instance, the widespread adoption of collective action clauses raise questions about future debt restructurings. Market participants, especially creditors overwhelmingly believe that contract modification is important but only ‘at the margins’. If contractual change is marginal, what then are the mechanisms that will ensure fair and orderly debt workouts? In the absence of a global, multilateral, regulatory framework for sovereign debt restructuring, our examination of changes in the period leading up to the Argentine settlement and after, reveals that market participants may instead be relying on good faith to do the job with the court recognising similar expectations. Good faith, though entrenched as a legal norm in several domestic jurisdictions, such as Germany and the U.S., is a relative newcomer to sovereign debt workouts. This evolving norm is not institutionally embedded and unlike the domestically entrenched version, is not a legal rule with specific requirements that needs to be fulfilled. We conclude by showing that good faith is an open norm ‘localised’ inter alia in formal and informal contexts in which market participants interact with each other and therefore conceptually similar to Treu und Glauben as recognised in section 242 BGB.Sovereign debt, good faith, open norm, localised context