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Language And The Structuring Of The Intellect: Towards The Realization Of The Total Man, D.U. Opata Jul 2006

Language And The Structuring Of The Intellect: Towards The Realization Of The Total Man, D.U. Opata

Business Review

The critical definition of the concept, “the total man”, is encumbered by lot of difficulties – epistemic and pragmatic. First, a man qua man because he is a total entity, a complete homo sapein. However, the phrase “the total man” is used here in a stipulative sense to distinguish the liberally educated person from the pure specialist. Second, even in this contextual sense, the concept of the liberal-minded person is still a problematic. Is liberal-mindedness predicated on a person’s breadth of knowledge, even if in the process the person becomes the proverbial “rolling stone that gathers no mass”? Or is …


Modularity In Contracts: Boilerplate And Information Flow, Henry E. Smith Mar 2006

Modularity In Contracts: Boilerplate And Information Flow, Henry E. Smith

Michigan Law Review

Contractual boilerplate is a little like property. Such a statement might seem like a category mistake. After all, contractual boilerplate language is part of contracts, which, unlike property, are freely customizable by the parties. Contracts create rights between those parties, not against the world at large. Nor do people who devise new boilerplate terms usually have intellectual property in the provisions themselves. I will argue that, in an interesting and overlooked way, boilerplate is the first way station on the road from contract to property. In particular, boilerplate, like all legal communication, is the result of striking a trade-off between …


Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie Jan 2006

Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie

NYLS Law Review

No abstract provided.


Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager Jan 2006

Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager

Hofstra Law Review

No abstract provided.


Organizational Learning Stages Of Assimilation, Integration And Optimization And Their Relationship With User Satisfaction Of Enterprise Resource Planning Systems, Edith Galy, Jane Lemaster Jan 2006

Organizational Learning Stages Of Assimilation, Integration And Optimization And Their Relationship With User Satisfaction Of Enterprise Resource Planning Systems, Edith Galy, Jane Lemaster

Journal of International Technology and Information Management

Literature on organizational learning suggests that various processes have to occur in order for an organization to learn. This study provides empirical evidence for measuring organizational learning in three stages: assimilation, integration and optimization. A path model of organizational learning was tested establishing the significance and magnitude of the total effect of assimilation, integration and optimization on the satisfaction level of top information executives in firms with Enterprise Resource Planning systems. The model indicates that the optimization-satisfaction path is the strongest, followed by the integration-satisfaction path. Measuring and improving the factors composing organizational learning is essential for successful implementation of …


The Strategy Of Boilerplate, Robert B. Ahdieh Jan 2006

The Strategy Of Boilerplate, Robert B. Ahdieh

Michigan Law Review

That boilerplate is pervasive is hardly surprising. In a variety of ways, standardized terms in day-to-day contracts serve an essential cost-saving function. By this measure, one might expect less frequent reliance on boilerplate in high-value contracts among sophisticated parties. Yet standard terms would appear to be no less widespread in contracts among the sophisticated. Notwithstanding their representation by able counsel, charged to craft comprehensive and detailed, but also particularized, contracts, such parties will commonly conclude agreements comprised heavily of traditional terms--contracting norms of a sort-rather than terms tailored to the distinct features of their particular bargain. Examples of seemingly suboptimal …