Probabilistic Disclosures for Corporate and other Law

نویسندگان

چکیده

Abstract This Article explores the costs and benefits of one subset continuous discontinuous rules. These expressions are shown to be distinct from familiar dichotomy expressed as standards versus rules, but they share difficulty dividing world law in two. Still, regulatory approaches that focus on discontinuities can often made more continuous, vice versa. A speed limit is sense drives above or below (or within) announced limit. But it continuous—even with discontinuities— when stated different for various kinds vehicles. works around these definitional problems show discourages useful disclosures by encouraging parties information offer order avoid after-the-fact lawsuits specific prove have inaccuracies. For example, common hear warned a medical procedure poses risk death, better-informed doctor hospital could given precise percentages attached outcomes. Similarly, corporation safe ground follows “generally accepted accounting principles,” investors would learned about good bad outcomes put probabilistic terms. The toward suggestion might create harbor which protected are, certified be, than ready alternative fairly general disclosures.

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ژورنال

عنوان ژورنال: Theoretical Inquiries in Law

سال: 2021

ISSN: ['1565-1509', '1565-3404']

DOI: https://doi.org/10.1515/til-2021-0010