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1

Sagy, Tehila. "What's So Private about Private Ordering?" Law & Society Review 45, no. 4 (2011): 923–54. http://dx.doi.org/10.1111/j.1540-5893.2011.00461.x.

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2

Katz, Avery. "Taking Private Ordering Seriously." University of Pennsylvania Law Review 144, no. 5 (1996): 1745. http://dx.doi.org/10.2307/3312638.

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3

Prüfer, Jens. "Business Associations and Private Ordering." Journal of Law, Economics, and Organization 32, no. 2 (2015): 306–58. http://dx.doi.org/10.1093/jleo/ewv017.

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4

Brough, Wayne T. "Liability Salvage--By Private Ordering." Journal of Legal Studies 19, no. 1 (1990): 95–111. http://dx.doi.org/10.1086/467843.

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5

Alarie, Benjamin, and Albert H. Yoon. "An Evidence-Based Approach to Private Ordering." University of Toronto Law Journal 73, Supplement 1 (2023): 105–23. http://dx.doi.org/10.3138/utlj-2023-0002.

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Private ordering – where private actors regulate, enforce, and resolve disputes on their own – has in recent years expanded across business, commercial, and financial sectors. Parties have economic and reputational incentives to take this approach over adjudication by the courts. Parties may prefer private ordering for reasons of process, substance, or both. Even when disputes come before them, courts often defer to parties’ private ordering. Their rationale is that the parties possess a stronger understanding of their intentions than do the courts. This strong assumption, however, depends on
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6

Rasmussen, Robert K. "Resolving Transnational Insolvencies through Private Ordering." Michigan Law Review 98, no. 7 (2000): 2252. http://dx.doi.org/10.2307/1290305.

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7

Kordana, Kevin A., and David H. Blankfein Tabachnick. "THE RAWLSIAN VIEW OF PRIVATE ORDERING." Social Philosophy and Policy 25, no. 2 (2008): 288–307. http://dx.doi.org/10.1017/s0265052508080278.

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The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions
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8

Williamson, Oliver E. "The Lens of Contract: Private Ordering." American Economic Review 92, no. 2 (2002): 438–43. http://dx.doi.org/10.1257/000282802320191769.

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9

Whelan, Glen. ""High-Tech Responsibility: Private Ordering, Public Ordering, and the Social Good"." Academy of Management Proceedings 2014, no. 1 (2014): 10226. http://dx.doi.org/10.5465/ambpp.2014.10226abstract.

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10

Bridge, Stuart. "Judicial paternalism and private ordering on divorce." Cambridge Law Journal 58, no. 3 (1999): 461–99. http://dx.doi.org/10.1017/s0008197399343014.

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II is axiomatic that divorcing spouses cannot by agreement oust the jurisdiction of the court to award ancillary relief: Hyman v. Hyman [1929] A.C. 601. Finality can only be achieved by obtaining the sanction of the court in the form of a consent order, invoking a procedure which requires full disclosure of all material factors so that the court can exercise its own discretion on the basis of the information put before it: Matrimonial Causes Act 1973, s.33A; Livesey v. Jenkins [1985] A.C. 424. But out-of-court agreements made by the parties are not without significance. Far from it, they will
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11

Parisi, Francesco. "Autonomy and private ordering in contract law." European Journal of Law and Economics 1, no. 3 (1994): 213–27. http://dx.doi.org/10.1007/bf01552471.

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12

West, Mark D. "Private Ordering at the World's First Futures Exchange." Michigan Law Review 98, no. 8 (2000): 2574. http://dx.doi.org/10.2307/1290356.

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13

Romano, Roberta, and Sarath Sanga. "The Private Ordering Solution to Multiforum Shareholder Litigation." Journal of Empirical Legal Studies 14, no. 1 (2017): 31–78. http://dx.doi.org/10.1111/jels.12141.

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14

Vincent-Jones. "The New Public Contracting: Public Versus Private Ordering?" Indiana Journal of Global Legal Studies 14, no. 2 (2007): 259. http://dx.doi.org/10.2979/gls.2007.14.2.259.

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15

Han, Shaoyong, Jianli Luo, Letian Zeng, Cuihua Xie, Guan Yang, and Jingchun Zhan. "FROM THE PERSPECTIVE OF EMOTIONAL LABOR AND WORK PRESSURE, THIS PAPER DISCUSSES HOW JOINT ORDERING STRATEGY CAN IMPROVE THE PSYCHOLOGICAL SAFETY OF SUPPLY CHAIN MEMBERS." International Journal of Neuropsychopharmacology 25, Supplement_1 (2022): A34—A35. http://dx.doi.org/10.1093/ijnp/pyac032.048.

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Abstract Background It is of great economic significance to optimize the total cost of supply chain and improve the performance of supply chain. Information sharing can improve supply chain performance. A probabilistic demand system with one seller and one buyer studied by scholars can find that compared with the traditional decentralized system, the quantity coordination strategy can improve the performance of the supply chain. However, supply chain members are reluctant to provide private cost information because their customers may abuse this information, which will seriously affect their p
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16

Harper Ho, Virginia. "Nonfinancial Risk Disclosure and the Costs of Private Ordering." American Business Law Journal 55, no. 3 (2018): 407–74. http://dx.doi.org/10.1111/ablj.12123.

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17

Weesie, Jeroen, and Werner Raub. "Private ordering: A comparative institutional analysis of hostage games*." Journal of Mathematical Sociology 21, no. 3 (1996): 201–40. http://dx.doi.org/10.1080/0022250x.1996.9990182.

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18

Masten, Scott E. "Adaptation, adjudication, and private ordering: Contractual Relations through the Williamson Lens." Journal of Institutional Economics 18, no. 2 (2021): 283–96. http://dx.doi.org/10.1017/s1744137421000722.

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AbstractWilliamson's legacy will be permanently, and deservedly, linked with the theory of the firm. As important, however, is his contribution to our understanding of contracting. My aim here is to describe Williamson's conception of contracting, how it differs from other approaches to contracting, and some implications of that approach for contract design and enforcement. I argue that Williamson's ‘process orientation’ – in which the main dimension along which contracts vary is the extent to which contract adjustments are effected through court ordering versus private ordering – provides alt
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19

Omotubora, Adekemi, and Subhajit Basu. "Regulation for E-payment Systems: Analytical Approaches Beyond Private Ordering." Journal of African Law 62, no. 2 (2018): 281–313. http://dx.doi.org/10.1017/s0021855318000104.

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AbstractTechnology-driven payment instruments and services are facilitating the development of e-commerce; however, security concerns beleaguer their implementation, particularly in developing countries. This article considers the limits of private ordering in the regulation of e-payment systems. It uses Nigeria to exemplify a developing country that is increasingly pushing for the adoption of a regulatory framework for e-payment systems based on private ordering. It argues that, although technical standards and self-regulation by the financial industry are important, law is an essential regul
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20

Baron, David P. "Private Ordering on the Internet: The eBay Community of Traders." Business and Politics 4, no. 3 (2002): 245–74. http://dx.doi.org/10.2202/1469-3569.1041.

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eBay provides an online auction venue for remote and anonymous members of its online community to realize gains from trade. As a venue it never sees the items sold, verifies the item listings, handles settlements, or represents the buyer or seller. Despite the associated market imperfections and incentive problems, over five million auctions are active on an average day. Trading is based on trust among members of the eBay community, and trust is supported by a multilateral reputation mechanism based on member feedback. eBay supplements the reputation mechanism with rules and policies that miti
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21

Ramseyer, J. Mark. "Products Liability through Private Ordering: Notes on a Japanese Experiment." University of Pennsylvania Law Review 144, no. 5 (1996): 1823. http://dx.doi.org/10.2307/3312640.

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22

Heritier, Adrienne, Anna K. Mueller-Debus, and Christian R. Thauer. "The Firm as an Inspector: Private Ordering and Political Rules." Business and Politics 11, no. 4 (2009): 1–32. http://dx.doi.org/10.2202/1469-3569.1273.

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With increasing fragmentation of worldwide production chains and the corresponding contracting relations between companies, the “firm as an inspector” has become a frequent phenomenon. Buyer firms deploy supervising activities over their suppliers' products and production processes in order to ensure their compliance with regulatory standards, thereby taking on tasks commonly performed by public authorities. Why would a firm engage in such activities? In this article we will analyze the conditions under which firms play the role of an inspector vis-à-vis their sub-contractor firms to guarantee
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23

Wiegers, Wanda A. "Economic Analysis of Law and 'Private Ordering': A Feminist Critique." University of Toronto Law Journal 42, no. 2 (1992): 170. http://dx.doi.org/10.2307/825876.

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24

Kingston, William. "Patent pledges: global perspectives on patent law’s private ordering frontier." Prometheus 34, no. 3-4 (2016): 260–63. http://dx.doi.org/10.1080/08109028.2017.1362820.

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25

TAN, Cheng Han. "Private Ordering and the Chinese in Nineteenth Century Straits Settlements." Asian Journal of Comparative Law 11, no. 1 (2016): 27–53. http://dx.doi.org/10.1017/asjcl.2016.11.

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AbstractThe Straits Settlements comprised a group of British territories located in the Malay Peninsula in Southeast Asia. It initially comprised Penang, Singapore, and Malacca, and was formed in 1826. Unlike Malacca which was a thriving city with a substantial Chinese community, Penang and Singapore were relatively uninhabited when the British arrived, but Chinese immigration to both territories swiftly took place and on a large scale. For much of the nineteenth century, British policy towards the Chinese community in the Straits was one of minimal governance. They were largely left to order
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26

Hunt, Richard. ""Capitalism’s Secret Sauce:Compensatory Real Options,Private Ordering & International Entrepreneurs"." Academy of Management Proceedings 2013, no. 1 (2013): 10058. http://dx.doi.org/10.5465/ambpp.2013.10058abstract.

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27

Masinde, Michael Wabomba, and Anne Anyango Rasowo. "The place of private ordering in regulating families in Kenya." International Journal of Human Rights and Constitutional Studies 4, no. 1 (2016): 75. http://dx.doi.org/10.1504/ijhrcs.2016.076045.

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28

Attenborough, Daniel. "Empirical insights into corporate contractarian theory." Legal Studies 37, no. 2 (2017): 191–213. http://dx.doi.org/10.1111/lest.12134.

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In UK and US company law and corporate governance, a highly influential economic theory views the company, and the rules related thereto, as a nexus of contracts for organising business activity. This so-called contractarian theory of the company depicts fundamental corporate governance arrangements as a form of private ordering, in which rules are spontaneously produced in the absence of formal legal intervention. This paper draws upon broader empirical evidence of real world private ordering to make two essential arguments, which provide much-needed nuance to the idealised view of spontaneou
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29

Wijaya, Tony. "PENERAPAN METODE SCRUM DAN VIRTUAL PRIVATE NETWORK DALAM PERANCANGAN SISTEM ORDERSALES." CCIT Journal 11, no. 1 (2018): 115–25. http://dx.doi.org/10.33050/ccit.v11i1.565.

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Sales Ordering System is a mobile application used by salesman to create sales invoice. With this system, salesman can directly input invoices to server computer at head office using their smartphones. It is possible because there is Virtual Private Network (VPN) that connect server PC with those smartphones. This system has featureof sales invoice which can be done using smartphone browser.The writer implements Scrum which is derived from Agile Methodology in this research to design the system.Scrum is a framework that focus at dividing main goal into several easy-to-achieve goals.Scrum assum
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30

Lametti, David. "General Concepts of Private Law Relating to Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec." Review of Central and East European Law 30, no. 1 (2005): 7–18. http://dx.doi.org/10.1163/1573035053683218.

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AbstractThe paperidentifies some notable features on general private law ordering contained in the Civil Code of the Russian Federation. It does so by contrasting these provisions with similar articles and doctrine from the Civil Code of Quebec. The author points out several unique features of the Russian code and speculates on some of the potential implications of these features for private law ordering. These comments are meant to stimulate discussion and comparison, and are not meant to be exhaustive in either their descriptive content or substantive analysis. The Russian code convers simil
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31

Jung, Jaewon. "Private Ordering of Corporate Governance and Its Limitations: Focusing on Recent Amendments to the Delaware General Corporation Law." Commercial Law Review 43, no. 3 (2024): 439–89. https://doi.org/10.21188/clr.43.3.11.

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32

Cynthia, Mabera, and Dr Anthony Osoro. "E-Procurement and Performance of Private Hospitals in Kisii County, Kenya." Cross-Currents: An International Peer-Reviewed Journal on Humanities & Social Sciences 10, no. 03 (2024): 87–90. http://dx.doi.org/10.36344/ccijhss.2024.v10i03.002.

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Technology powered procurement has given birth to e-procurement as styled as the new procurement lifestyle that changes the game in business. E-procurement encompasses all processes and activities concerning procurement that happens on the e- business platform. With e-procurement the entire procurement process is handled online, so the company decided to make the purchases of various types, from raw materials to services. E-procurement accounts for improved effectiveness and efficiency in term of quality and costs. In the context of healthcare systems, private hospitals have equally embraced e
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33

Chenou, Jean-Marie, and Roxana Radu. "The “Right to Be Forgotten”: Negotiating Public and Private Ordering in the European Union." Business & Society 58, no. 1 (2017): 74–102. http://dx.doi.org/10.1177/0007650317717720.

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Although the Internet is frequently referred to as a global public resource, its functioning remains predominantly controlled by private actors. The Internet brought about significant shifts in the way we conceptualize (global) governance. In particular, the handling of “big data” by private intermediaries has a direct impact on routine practices and personal lives. The implementation of the “right to be forgotten” following the May 2014 decision of the Court of Justice of the European Union against Google blurs the boundaries between the public and the private, and extends the responsibilitie
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34

Zhang, Lin. "Stabilizing Fundraising of Chinese Domestic Venture Capital: Law and Private Ordering." Business Law Review 36, Issue 1 (2015): 28–35. http://dx.doi.org/10.54648/bula2015005.

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Inspired by the shiny American venture capital industry, China has been on the way to engineer its own vibrant venture capital market since the middle of the 1980s. The development of the Chinese venture capital market has been rapid but accompanied by the fact that Chinese domestic venture capital has been marginalized by their American competitors during the developmental process. The lack of Chinese pension funds in financially supporting Chinese domestic venture capital partially explains the imbalance and distance between American venture capital and Chinese domestic venture capital. In o
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35

Moore, M. T. "Private Ordering and Public Policy: The Paradoxical Foundations of Corporate Contractarianism." Oxford Journal of Legal Studies 34, no. 4 (2014): 693–728. http://dx.doi.org/10.1093/ojls/gqu006.

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36

Calliess, Gralf-Peter, Jörg Freiling, and Moritz Renner. "Law, the State, and Private Ordering: Evolutionary Explanations of Institutional Change." German Law Journal 9, no. 4 (2008): 397–410. http://dx.doi.org/10.1017/s2071832200006507.

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The societal mega-trends of the past four decades, such as a globalizing economy and an aging society, have challenged the understanding of the state in OECD countries. The resulting “transformations of the state” are the subject of an interdisciplinary research agenda established at the Collaborative Research Center (CRC) 597 in Bremen, Germany. A total of twenty projects from political science, law, and economics explore changes of statehood which take place in two different dimensions: first, the internationalization and, second, the privatization of activities and functions which were trad
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37

Mazé, Armelle, and Claude Ménard. "Private ordering, collective action, and the self-enforcing range of contracts." European Journal of Law and Economics 29, no. 1 (2009): 131–53. http://dx.doi.org/10.1007/s10657-009-9114-x.

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38

ARRUÑADA, BENITO. "How should we model property? Thinking with my critics." Journal of Institutional Economics 13, no. 4 (2017): 815–27. http://dx.doi.org/10.1017/s1744137417000273.

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AbstractInspired by comments made by Allen (2017), Lueck (2017), Ménard (2017) and Smith (2017), this response clarifies and deepens the analysis in Arruñada (2017a). Its main argument is that to deal with the complexity of property we must abstract secondary elements, such as the physical dimensions of some types of assets, and focus on the interaction between transactions. This sequential-exchange framework captures the main problem of property in the current environment of impersonal markets. It also provides criteria to compare private and public ordering, as well as to organize public sol
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39

Dadush, Sarah. "The Internal Challenges of Associational Governance." AJIL Unbound 111 (2017): 125–29. http://dx.doi.org/10.1017/aju.2017.30.

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This essay describes the normative dynamics within industry associations that affect their contributions to private transnational legal ordering. It asserts that even the most powerful associations possess characteristics that undermine their autonomy to rulemake for their industries, and so, their ability to govern. Examining the relationships between associations and their members helps us identify the forces that impede the effectiveness of associational governance, an important source of transnational private regulation.
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40

Porteux, Jonson N., and Sunil Kim. "PUBLIC ORDERING OF PRIVATE COERCION: URBAN REDEVELOPMENT AND DEMOCRATIZATION IN SOUTH KOREA." Journal of East Asian Studies 16, no. 3 (2016): 371–90. http://dx.doi.org/10.1017/jea.2016.20.

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AbstractThis study explores collaboration between state actors and non-state specialists in the market for coercion. We focus on the case of forced evictions in South Korea, where violence carried out by private companies has occurred with the implicit, and at times explicit, sanctioning of the state. This level of government–private security cooperation has traditionally been explained by various hypotheses, including arguments about the weak capacity of a state to enforce compliance, trends in the neo-liberal marketization of state power, or as the outcome of a state being captured by the ca
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41

Fleurbaey, Marc, and Martin Van der Linden. "Fair Social Ordering, Egalitarianism, and Animal Welfare." American Economic Journal: Microeconomics 13, no. 4 (2021): 466–91. http://dx.doi.org/10.1257/mic.20190091.

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We study fairness in economies where humans consume one private good and one public good representing the welfare of other species. We show that a social evaluator cannot be egalitarian with respect to humans while always respecting humans’ unanimous preferences. One solution is to respect unanimous preferences only when doing so does not lead to a decrease in the welfare of other species. Social preferences satisfying these properties reveal surprising connections between concerns for other species, egalitarianism among humans, and unanimity: the latter two imply a form of dictatorship from h
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42

Yadlin, Omri. "A Public Choice Approach to Private Ordering: Rent-Seeking at the World's First Futures Exchange: Comments on Mark West's 'Private Ordering at the World's First Futures Exchange'." Michigan Law Review 98, no. 8 (2000): 2620. http://dx.doi.org/10.2307/1290358.

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43

Uddin, Zahava, and Robert A. Bear. "Public-Private Partnerships in the Canadian Environment: Options for Hospital Pharmacies." Healthcare Management Forum 10, no. 4 (1997): 45–47. http://dx.doi.org/10.1016/s0840-4704(10)60985-4.

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This brief report explores the direction being pursued by hospitals interested in outsourcing non-core activities within the pharmacy department. Private sector logistics companies are looking to position themselves in the drug product supply chain to facilitate seamless transfers of drug products, ordering information and payments between drug manufacturers and hospitals. Opportunities for implementing consolidated purchasing, unit dosing, just-in-time inventory and electronic commerce systems are discussed.
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44

Richman, Barak D. "Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering." Columbia Law Review 104, no. 8 (2004): 2328. http://dx.doi.org/10.2307/4099361.

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45

Wasoff, Fran. "Mutual Consent: Separation Agreements and the Outcomes of Private Ordering in Divorce." Journal of Social Welfare and Family Law 27, no. 3-4 (2005): 237–50. http://dx.doi.org/10.1080/09649060500386695.

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46

Kunte, Sebastian, Meike Wollni, and Claudia Keser. "Making it personal: breach and private ordering in a contract farming experiment." European Review of Agricultural Economics 44, no. 1 (2016): 121–48. http://dx.doi.org/10.1093/erae/jbw007.

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47

de Kluiver, Harm-Jan. "Private Ordering and Buy-Out Remedies Within Private Company Law: Towards a New Balance Between Fairness and Welfare?" European Business Organization Law Review 8, no. 1 (2007): 103–19. http://dx.doi.org/10.1017/s1566752907001036.

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48

Wiratama, Jansen, Samuel Ady Sanjaya, Hari Santoso, and Reinardus Brian Kurniadi. "Development of Web-based School Uniforms order Application in a Private School with Prototyping Model." International Journal of Science, Technology & Management 4, no. 6 (2023): 1612–18. http://dx.doi.org/10.46729/ijstm.v4i6.977.

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Strada SMK Daan Mogot, a private school in Tangerang City, oversees several operations. Student registration, academic exams, uniform measurements, and book purchases are carried out at the beginning of each school year. The Uniform Team tasked with handling this activity experienced difficulties due to the large volume of data, making conventional techniques inefficient to carry out. This research focuses on simplifying uniform ordering procedures from the uniform team to the uniform manufacturing supplier. The Uniform Team recorded and measured orders by hand, which resulted in time-consumin
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49

Feingold, Francis. "Is the Institution of Private Property Part of the Natural Law? Ius gentium and ius naturale in Aquinas’s Account of the Right to “Steal” When in Urgent Need." Proceedings of the American Catholic Philosophical Association 92 (2018): 189–210. http://dx.doi.org/10.5840/acpaproc2020917107.

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Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order fo
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50

Ayalon, Yaron. "OTTOMAN URBAN PRIVACY IN LIGHT OF DISASTER RECOVERY." International Journal of Middle East Studies 43, no. 3 (2011): 513–28. http://dx.doi.org/10.1017/s002074381100064x.

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AbstractThis article examines the relationship between state and society in the Ottoman Empire during the 17th and 18th centuries by examining concepts and practices of privacy. Fatwas of Ottoman jurists reveal certain principles ordering the division of urban areas into public and private spaces. The article explores their application during the rebuilding of Damascus after its devastation by an earthquake in 1759. Archival sources disclose the priorities that guided the state in reconstructing a ruined provincial capital: religious values; a concern for the inhabitants’ well-being; and, rath
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