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Record W273970937

Flexibility vs. Certainty: The Law Relating to Arrangements after BCE

2009· article· en· W273970937 on OpenAlexaffabout
Anita Anand

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicLaw, logistics, and international trade
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsSupreme courtFlexibility (engineering)LawLegal certaintyCertaintyPolitical scienceDatabase transactionLaw and economicsSet (abstract data type)EconomicsComputer scienceMathematics
DOInot available

Abstract

fetched live from OpenAlex

In BCE Inc. (Re), the Supreme Court of Canada expanded the list of relevant principles with respect to the law relating to arrangements, and established a specific structure for their consideration. This article argues that, despite the expansion of the list of principles, the court has retained the flexibility that has traditionally characterized the law on arrangements. However, this area is law is also somewhat uncertain following BCE due to newly introduced concepts, including the distinction between legal rights and economic interests. Part II outlines the law relating to arrangements following the BCE decision. Part III discusses why arrangements are considered to be an attractive form of acquisition for parties and assesses whether BCE has fundamentally altered the arrangement process as set forth by the Supreme Court in this case. Part V examines one aspect of the decision, in which the court attempted to clarify when different parties will be accorded a vote in the transaction by distinguishing economic interests from legal rights, and suggests that this effort created new uncertainty of its own. Part VI concludes.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.012
metaresearch head score (Gemma)0.030
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.135
Threshold uncertainty score0.268

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.030
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0110.050
Scholarly communication0.0160.015
Open science0.0020.007
Research integrity0.0150.017
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.018
GPT teacher head0.250
Teacher spread0.232 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2009
Admission routes2
Has abstractyes

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