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Record W3151827019

Unconscionable Inaccess to Justice

2019· article· en· W3151827019 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSSRN Electronic Journal · 2019
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicDispute Resolution and Class Actions
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsUnconscionabilityEconomic JusticeArbitrationDoctrineLaw and economicsBusinessLawUndue influencePolitical scienceSociology
DOInot available

Abstract

fetched live from OpenAlex

Unconscionability can and should be used in appropriate cases to ensure access to justice for contracting parties in Canada. In this comment, I articulate a test for the application of unconscionability to what I call access clauses — clauses such as arbitration clauses and forum selection clauses that affect how a contracting party can access an adjudicative process. This test follows, and rationalises, recent judicial attempts to apply unconscionability to access clauses in the cases of Douez v Facebook and Heller v Uber. Previous attempts to make sense of — or criticise — these applications of unconscionability, have been limited in attempting to discipline the doctrine to the logic of contract law. But unconscionability is equitable: it relieves parties from contractual obligations despite every requirement of contract law being met. Cases applying unconscionability to ensure access to justice, which access clauses sometimes deny, reflect a new kind of inequity from which courts will relieve, rather than a new error of contractual logic. That inequity is an inaccess to justice.

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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.917
Threshold uncertainty score0.996

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0010.005

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 head0.008
GPT teacher head0.233
Teacher spread0.225 · 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