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According to John Goldberg and Ben Zipursky ("Goldursky"), there are two central pillars to tort law, pillars that are best explicated by civil recourse theory. Torts are legally recognized wrongs, and the power to seek redress is part of the Lockean bargain. Using the recent question of whether nondisclosure agreements (NDAs) should be permitted, this Article unearths an instability in the kind of normativity upon which Goldursky relies. Specifically, this paper explores how the unenforceability or bans on NDAs premised upon third party harms may presuppose the victim has a duty to rescue these third parties. I begin by revealing the underlying moral relationship at the heart of these potential duties. From there, I explore how these sorts of arguments cannot easily be voiced within the presuppositions of civil recourse theory. Finally, I consider the pressure points within civil recourse theory that could potentially take on board these moral considerations. My bottom line is simple: Whichever way one thinks about NDAs and the duty to rescue, a dilemma is created for Goldursky. There is simply a mismatch between the kind of arguments that one can make about why it would be (in)appropriate to limit the plaintiff's cause of action and what the underlying content of tort law should be. Ultimately, the kind of normativity that they need to understand the Lockean bargain, as well as the content of and caveats thereto, may require more bite than positive morality. [ABSTRACT FROM AUTHOR]

Introduction Negotiations are a particularly challenging area for collaboration among libraries. Driven by the prevalence of non-disclosure agreements (NDAs) and confidentiality clauses, the culture of information sharing outside of consortial [...]

Allegations of sexual misconduct may prompt districts to enter into non-disclosure or settlement agreements with alleged perpetrators in exchange for a recommendation. Non-disclosure settlements typically limit how much information districts can share with other districts. This process, often referred to as passing the trash, can be particularly troublesome. Missouri's Amy Hestir Student Protection Act provides policy guidance regarding non-disclosure agreements when allegations of educator sexual misconduct arise. [ABSTRACT FROM AUTHOR]

To purchase or authenticate to the full-text of this article, please visit this link: http://dx.doi.org/10.1111/j.1467-8551.2005.00440.x Byline: Ian Harwood ([dagger]) Abstract: Mergers and acquisitions are extremely sensitive, both within and outside the organizations involved. Confidentiality agreements are therefore essential for allowing teams the 'space' to develop potential scenarios for future integration. Despite the importance of confidentiality in practice, the subject has received little coverage in the management literature. By adopting a case-study approach, this research explores aspects of confidentiality in a four-year post-acquisition integration programme in a FTSE100 pharmaceutical company. The paper identifies a range of personal impacts on the signatories, as well as various dimensions of information transfer despite the agreement being in place. Through the use of a metaphor, the research suggests that a confidentiality agreement has many similarities with the properties and characteristics of a bubble. This bubble trope is used to enhance conceptual understanding of confidentiality constraints in an organizational-change context. The paper concludes by suggesting some 'key learnings' in relation to using confidentiality agreements in strategic change programmes such as a merger or acquisition. Author Affiliation: ([dagger])School of Management, University of Southampton, Highfield, Southampton, Hampshire, SO17 1BJ, UKEmail:iah@soton.ac.uk

'The Pentagon formally warned' ex-Navy SEAL Matt Bissonnette , 'who has written a first-person account of the raid that killed Osama bin Laden last year, saying he has violated his [...]

A woman who accused businessman Herman Cain (R) of sexual harassment in the 1990s 'is ready for her story to come out,' her atty Joel Bennett said Nov. 1. Bennett [...]