Nancy S. Kim – författare

When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

When you visit a website, check your email, or download music, you enter into a contract that you probably don''t know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don''t impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim''s central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

When you visit a website, check your email, or download music, you enter into a contract that you probably don''t know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don''t impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction.In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim''s central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

The little things can cause the greatest harm. Death by a Thousand Clicks explains the connection between click-to-agree terms of service (TOS) and harmful social and economic changes that have accompanied the growth of the internet. The book explains how these digital adhesive terms are more than annoying fine print - they are powerful tools of technocapitalism. Small, seemingly inconsequential clicks aggregate into massive transfers of wealth and power and reshape our norms, our relationships, our beliefs, and even our bodies. Click-by-click, terms of service consolidate corporate power, erode individual autonomy and well-being, and reshape political institutions, society, and humanit y in profound and irreversible ways. Death by a Thousand Clicks meets the current moment by providing readers with a new analytical framework for understanding Big Tech power beyond privacy and monopoly concepts.

The little things can cause the greatest harm. Death by a Thousand Clicks explains the connection between click-to-agree terms of service (TOS) and harmful social and economic changes that have accompanied the growth of the internet. The book explains how these digital adhesive terms are more than annoying fine print - they are powerful tools of technocapitalism. Small, seemingly inconsequential clicks aggregate into massive transfers of wealth and power and reshape our norms, our relationships, our beliefs, and even our bodies. Click-by-click, terms of service consolidate corporate power, erode individual autonomy and well-being, and reshape political institutions, society, and humanit y in profound and irreversible ways. Death by a Thousand Clicks meets the current moment by providing readers with a new analytical framework for understanding Big Tech power beyond privacy and monopoly concepts.

The Cambridge Handbook of Emerging Issues at the Intersection of Commercial Law and Technology is a timely and interdisciplinary examination of the legal and societal implications of nascent technologies in the global commercial marketplace. Featuring contributions from leading international experts in the field, this volume offers fresh and diverse perspectives on a range of topics, including non-fungible tokens, blockchain technology, the Internet of Things, product liability for defective goods, smart readers, liability for artificial intelligence products and services, and privacy in the era of quantum computing. This work is an invaluable resource for academics, policymakers, and anyone seeking a deeper understanding of the social and legal challenges posed by technological innovation, as well as the role of commercial law in facilitating and regulating emerging technologies.

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations? In this engaging and innovative textbook, Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This lucidly written text delivers insights from cognitive psychology, aptly combining with interdependent findings from fields as diverse as neuropsychology, behavioural economics, social, developmental and clinical psychology, and philosophy. Offering not only a comprehensive explanation of the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives, readers can expect to learn the implications of these decisions upon an individual’s prospects for health and longevity.Understanding behaviour is a central aspect of inquiry in the psychology discipline and as such this book is an essential companion for students taking undergraduate psychology, cognitive psychology and cognitive neuroscience courses; particularly those which include a module in judgment and decision-making. This text may also be helpful for undergraduate and postgraduate business courses on the subject.Accompanying online resources for this title can be found at bloomsburyonlineresources.com/judgment-and-decision-making. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Problems regarding the nature of consent are at the heart of many of today''s most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Problems regarding the nature of consent are at the heart of many of today''s most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations? In this engaging and innovative textbook, Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This lucidly written text delivers insights from cognitive psychology, aptly combining with interdependent findings from fields as diverse as neuropsychology, behavioural economics, social, developmental and clinical psychology, and philosophy. Offering not only a comprehensive explanation of the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives, readers can expect to learn the implications of these decisions upon an individual''s prospects for health and longevity.Understanding behaviour is a central aspect of inquiry in the psychology discipline and as such this book is an essential companion for students taking undergraduate psychology, cognitive psychology and cognitive neuroscience courses; particularly those which include a module in judgment and decision-making. This text may also be helpful for undergraduate and postgraduate business courses on the subject.Accompanying online resources for this title can be found at bloomsburyonlineresources.com/judgment-and-decision-making. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.

Why do we believe in the views of a political party or leader? How can we better understand vaccine hesitancy or denial of climate change science? What drives extremist or conspiracist beliefs?This vital and timely new text provides a compelling survey of the science behind how people form beliefs and evaluate those of others, and why it is that beliefs are often so resistant to change in the face of conflicting evidence.Bringing together theories and empirical evidence from cognitive, developmental, and social psychology, Nancy S. Kim presents an engaging overview of the field and its implications for a wide range of beliefs – from moral, political, religious, and superstitious beliefs to beliefs about ourselves and our own potential. The intriguing studies discussed demonstrate how many psychological factors contribute to belief, including memory, reasoning, judgment, emotion, personality, social cognition, and cognitive development.With thoughtful questions and a range of cross-cultural case studies, this is an ideal overview for students of psychology and all readers interested in the psychology of belief.

Why do we believe in the views of a political party or leader? How can we better understand vaccine hesitancy or denial of climate change science? What drives extremist or conspiracist beliefs?This vital and timely new text provides a compelling survey of the science behind how people form beliefs and evaluate those of others, and why it is that beliefs are often so resistant to change in the face of conflicting evidence.Bringing together theories and empirical evidence from cognitive, developmental, and social psychology, Nancy S. Kim presents an engaging overview of the field and its implications for a wide range of beliefs – from moral, political, religious, and superstitious beliefs to beliefs about ourselves and our own potential. The intriguing studies discussed demonstrate how many psychological factors contribute to belief, including memory, reasoning, judgment, emotion, personality, social cognition, and cognitive development.With thoughtful questions and a range of cross-cultural case studies, this is an ideal overview for students of psychology and all readers interested in the psychology of belief.

Why do we believe in the views of a political party or leader? How can we better understand vaccine hesitancy or denial of climate change science? What drives extremist or conspiracist beliefs?This vital and timely new text provides a compelling survey of the science behind how people form beliefs and evaluate those of others, and why it is that beliefs are often so resistant to change in the face of conflicting evidence.Bringing together theories and empirical evidence from cognitive, developmental, and social psychology, Nancy S. Kim presents an engaging overview of the field and its implications for a wide range of beliefs – from moral, political, religious, and superstitious beliefs to beliefs about ourselves and our own potential. The intriguing studies discussed demonstrate how many psychological factors contribute to belief, including memory, reasoning, judgment, emotion, personality, social cognition, and cognitive development.With thoughtful questions and a range of cross-cultural case studies, this is an ideal overview for students of psychology and all readers interested in the psychology of belief.

Why do we believe in the views of a political party or leader? How can we better understand vaccine hesitancy or denial of climate change science? What drives extremist or conspiracist beliefs?This vital and timely new text provides a compelling survey of the science behind how people form beliefs and evaluate those of others, and why it is that beliefs are often so resistant to change in the face of conflicting evidence.Bringing together theories and empirical evidence from cognitive, developmental, and social psychology, Nancy S. Kim presents an engaging overview of the field and its implications for a wide range of beliefs – from moral, political, religious, and superstitious beliefs to beliefs about ourselves and our own potential. The intriguing studies discussed demonstrate how many psychological factors contribute to belief, including memory, reasoning, judgment, emotion, personality, social cognition, and cognitive development.With thoughtful questions and a range of cross-cultural case studies, this is an ideal overview for students of psychology and all readers interested in the psychology of belief.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations?Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This textbook delivers insights from cognitive psychology, combined with findings from neuropsychology, behavioural economics, social psychology, developmental psychology, clinical psychology, and philosophy - to give a cohesive overview of the factors that contribute to how we make judgments and decisions.Kim explains the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives. She also explores the implications of these decisions upon an individual's prospects for health and longevity.This new edition:- Incorporates the latest research on central issues in judgement and decision-making- Includes more coverage of cognitive neuroscience, integrated throughout- Includes a new chapter on emotional, social and group decision-making- Comes with accompanying online resources, including a test bank and additional exercises to further support teaching and learning.This is an essential companion for students studying judgment and decision-making as part of psychology, cognitive neuroscience, business or economics courses.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations?Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This textbook delivers insights from cognitive psychology, combined with findings from neuropsychology, behavioural economics, social psychology, developmental psychology, clinical psychology, and philosophy - to give a cohesive overview of the factors that contribute to how we make judgments and decisions.Kim explains the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives. She also explores the implications of these decisions upon an individual's prospects for health and longevity.This new edition:- Incorporates the latest research on central issues in judgement and decision-making- Includes more coverage of cognitive neuroscience, integrated throughout- Includes a new chapter on emotional, social and group decision-making- Comes with accompanying online resources, including a test bank and additional exercises to further support teaching and learning.This is an essential companion for students studying judgment and decision-making as part of psychology, cognitive neuroscience, business or economics courses.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations?Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This textbook delivers insights from cognitive psychology, combined with findings from neuropsychology, behavioural economics, social psychology, developmental psychology, clinical psychology, and philosophy - to give a cohesive overview of the factors that contribute to how we make judgments and decisions.Kim explains the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives. She also explores the implications of these decisions upon an individual’s prospects for health and longevity.This new edition:- Incorporates the latest research on central issues in judgement and decision-making- Includes more coverage of cognitive neuroscience, integrated throughout- Includes a new chapter on emotional, social and group decision-making- Comes with accompanying online resources, including a test bank and additional exercises to further support teaching and learning.This is an essential companion for students studying judgment and decision-making as part of psychology, cognitive neuroscience, business or economics courses.

How do we make the judgments that inform our lives? Is there any way of consciously removing bias from the choices we make? What do our everyday personal decisions have in common with those made by groups, companies, and even nations?Nancy Kim presents a multidisciplinary introduction to the dynamic field of judgment and decision-making. This textbook delivers insights from cognitive psychology, combined with findings from neuropsychology, behavioural economics, social psychology, developmental psychology, clinical psychology, and philosophy - to give a cohesive overview of the factors that contribute to how we make judgments and decisions.Kim explains the neurological structures and cognitive processes that underlie how we make decisions and form judgments in our everyday lives. She also explores the implications of these decisions upon an individual’s prospects for health and longevity.This new edition:- Incorporates the latest research on central issues in judgement and decision-making- Includes more coverage of cognitive neuroscience, integrated throughout- Includes a new chapter on emotional, social and group decision-making- Comes with accompanying online resources, including a test bank and additional exercises to further support teaching and learning.This is an essential companion for students studying judgment and decision-making as part of psychology, cognitive neuroscience, business or economics courses.

This accessible and innovative textbook adopts a practical, transactions-centered approach to contract law by using contract clauses to explain doctrinal concepts. While reading this book, students will gain a working knowledge of important contract provisions and learn how to use contracts to prevent problems, reduce risks, and add value to transactions.This textbook contains unique features including reflection prompts, case highlights, and ''applying what you learned'' exercises to reinforce learning and help students gain essential transactional skills. Law professor and contracts expert Nancy Kim focuses on litigation prevention with a problem-solving approach. She offers helpful tips to avoid potential pitfalls in drafting contracts and provides explanations for common contract clauses and their meanings. Access to a digital teacher's manual is available upon purchase of the book.The Fundamentals of Contract Law and Clauses will be an invaluable resource for both law and business students, specifically in contracts, commercial law, business law and other transactions-oriented classes.Contents: PART I INTRODUCTION PART II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5. Contract Clauses and Contract Enforceability 6. Contract Clauses and Issues Related to Performance and Breach 7. Contract Clauses and Parties Other Than the Original Parties to the Contract 8. Contract Clauses Addressing Remedies Index