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The Incentive Function Show

The Incentive Function Show

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Hey Guys Welcome to The Incentive Function Show where we talk about the things im doing, going thorough, or interested in Cover art photo provided by rawpixel on Unsplash: https://unsplash.com/@rawpixel Support this podcast: https://podcasters.spotify.com/pod/show/incentivefunction/support
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Organized: The Business Law Breakdown simplifies complex legal principles to make business law accessible to everyone. Hosted by Professor Seth C. Oranburg, this podcast uses real-world cases and practical contract law strategies to help business professionals, lawyers, and students master the essentials of business law. Each episode breaks down legal concepts with engaging discussions, real-world applications, and pop culture references—covering everything from the fundamentals of contracts ...
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In the final episode of our series on the economic analysis of agency law, Professor Seth C. Oranburg brings together all the insights from our journey. Reflecting on the whimsical yet instructive tale of Hotch Hotch, he recaps how delegation—while essential for progress—introduces challenges such as transaction costs, misaligned incentives, and co…
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In Episode 9, Professor Seth C. Oranburg tackles one of the thorniest challenges in agency relationships: competing interests. Delegation is meant to align the goals of principals and agents, yet conflicts often arise—whether between a bold, entrepreneurial agent and a cautious counterpart or among multiple agents with divergent priorities. Using t…
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Crypto isn’t a single thing—it’s a stack of different financial functions built on the same underlying technology. In this talk, Professor Seth Oranburg breaks down what so-called “crypto” assets actually do—raise capital, act like money, enable access, or support governance—and explains why each function demands a different legal response. Rather …
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In Episode 8, Professor Seth C. Oranburg explores how delegating authority can spark entrepreneurship within agency relationships. He demonstrates that while delegation offloads tasks, it also creates opportunities for innovation—and introduces risks that must be carefully managed. Using the lively metaphor of Hotch Hotch, where the mayor experimen…
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In Episode 7, Professor Seth C. Oranburg explores the concept of economic bonding—a crucial tool principals use to align incentives with their agents. Far beyond casual camaraderie, bonding serves as the “glue” that binds the principal-agent relationship, reducing risks and transaction costs by tying an agent’s rewards to the principal’s goals. Usi…
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In Episode 6 of Season 3, Professor Seth C. Oranburg explores the powerful yet fragile roles of trust and reputation in agency relationships. He explains how these intangible assets act as the “invisible glue” that holds delegation together—reducing transaction costs, fostering efficiency, and enabling agents to operate with greater autonomy. Drawi…
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In Episode 5 of Season 3, Professor Seth C. Oranburg explores the dramatic fallout when fiduciary duties are breached. Using the whimsical yet cautionary tale of Hotch Hotch—where a Watcher named Sylvester McMonkey McBean exploits the system for personal gain—Professor Oranburg illustrates how a single breach of loyalty can trigger cascading econom…
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In Episode 4 of Season 3, Professor Seth C. Oranburg delves into fiduciary duties—the economic tools that underpin agency relationships. In this episode, he explains how these core obligations—duty of care, duty of loyalty, and duty of obedience—work to build trust, reduce transaction costs, and mitigate uncertainty in delegation. Using the whimsic…
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In Episode 3 of Season 3, Professor Seth C. Oranburg takes a deep dive into the complex economics behind delegating authority. What might appear to be a simple transfer of power unfolds into a nuanced analysis of how delegation both streamlines operations and generates hidden transaction costs. Drawing on insights from economic giants like Frank Kn…
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Welcome back to our series on economic analysis of agency law. In this episode, Professor Seth C. Oranburg tackles one of the core challenges in agency relationships: what to do when agents don’t perform as expected. Whether it’s a contractor who overstays their welcome or an employee missing critical deadlines, principals must find effective ways …
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In the premiere episode of Season 3 on the Economic Analysis of Agency Law, Professor Seth C. Oranburg invites you into an engaging exploration of how delegation, trust, and incentives shape our everyday interactions. Far from dry academic theory, this episode uses a playful yet insightful metaphor inspired by Dr. Seuss’s imaginative world of Hotch…
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In this concluding episode of our agency law module, Professor Seth C. Oranburg reviews and ties together the key principles we’ve explored—from the foundational elements of agency (consent, control, and acting on behalf of the principal) to the nuances of actual versus apparent authority, fiduciary duties, and the termination of agency relationshi…
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In this episode, Professor Seth C. Oranburg examines the doctrines of estoppel and ratification in agency law. He explains how estoppel protects third parties who reasonably rely on a principal’s conduct—creating an appearance of authority—even when an agent lacks formal authorization. In contrast, Professor Oranburg shows how ratification occurs w…
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In this episode, Professor Seth C. Oranburg delves into the critical process of notifying third parties when an agency relationship ends. He explains that while an agent’s actual authority ceases upon termination, apparent authority may persist until third parties are properly informed. Professor Oranburg outlines the legal distinctions between dir…
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In this episode, Professor Seth C. Oranburg explores how agency relationships come to an end and the legal consequences that follow. He explains the various ways an agency relationship can terminate—whether by mutual agreement, by fulfilling its purpose, through revocation or renunciation, or automatically by operation of law. Professor Oranburg hi…
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In this episode, Professor Seth C. Oranburg examines the core fiduciary duties that underpin agency law. He explains how an agent’s legal obligation to act loyally, with care, obedience, and full disclosure ensures that the principal’s interests always come first. Through clear examples and key quotations from the Restatement (Third) of Agency, Pro…
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In this episode, Professor Seth C. Oranburg delves into the critical concept of authority in agency law. He carefully distinguishes between actual authority—both express and implied—and apparent authority, which is defined by the reasonable beliefs of third parties based on a principal’s conduct. Through clear examples and key quotations from the R…
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In this episode, Professor Seth Oranburg introduces the fundamentals of agency law—the fiduciary relationship where one party (the agent) acts on behalf of another (the principal). Discover how trust, control, and mutual consent form the backbone of this essential business concept, and explore real-world examples that illustrate the legal obligatio…
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In this episode of Organized, Professor Seth Oranburg is joined by UCLA Law Professor Stephen Bainbridge, one of the nation’s foremost corporate law theorists, and Case Western Reserve Professor Anat Alon-Beck, a leading expert on corporate governance, to unpack Tornetta v. Musk, a case that has sparked debates about power, process, and the future …
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Is OpenAI abandoning its roots? Once a mission-driven nonprofit, OpenAI's recent shift toward a for-profit structure has sparked controversy—and a lawsuit from Elon Musk. In this episode of Organized: The Business Law Breakdown, Professor Seth C. Oranburg and special guest Professor Anat Alon-Beck tackle the complex intersection of corporate law, g…
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Conclude the season by exploring third-party beneficiary contracts, where agreements benefit someone who isn’t a party to the contract. Professor Oranburg examines how and when third parties can enforce contractual rights. You’ll learn about intended vs. incidental beneficiaries and how courts determine third-party rights. Through engaging examples…
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Join Professors Seth Oranburg, Anat Alon-Beck, and Eric Chaffee for a lively discussion Tornetta v. Musk—a case that’s challenging corporate governance norms and sparking debates about Delaware’s future as the corporate capital of America. Is this decision a necessary safeguard for shareholder accountability, or does it risk overreach that could dr…
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Explore the complex world of warranties in the sale of goods under the Uniform Commercial Code (UCC). Professor Oranburg examines express and implied warranties, including the warranties of merchantability and fitness for a particular purpose. You’ll learn how warranties are created, disclaimed, and modified. Through real-world examples and landmar…
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In “UCC Damages – When Goods Go Bad,” we dive into the world of damages under the Uniform Commercial Code. Discover how the UCC balances the interests of buyers and sellers when contracts for goods go awry, and why these rules differ from common law remedies. From the Perfect Tender Rule to the complexities of calculating damages, this episode brea…
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In this special bonus episode of Mastering Contracts, we shift our focus from contract law doctrine to the strategies you need to conquer multiple-choice questions on law school exams and the Multistate Bar Exam (MBE). Using contract law as our foundation, Professor Oranburg teaches you how to: Spot the core issue in a question, even when it’s buri…
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In “Equity’s Enforcers – When Money Can’t Buy Justice,” we explore the world of equitable remedies in contract law. Discover when and why courts might order specific performance or grant injunctions instead of awarding money damages. We break down the landmark Bauer v. Sawyer case, dive into hypothetical scenarios, and even examine how these princi…
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When expectation damages fall short, what other options do courts have? In this episode, we explore alternative money damages in contract law. From reliance damages to punitive and nominal damages, we break down the tools courts use when traditional remedies aren’t enough. We’ll analyze the landmark Copeland v. Baskin Robbins case and how it applie…
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Explore the primary remedy for breach of contract: expectation damages. Professor Oranburg delves into how courts calculate damages to put the non-breaching party in the position they would have been in had the contract been performed. You’ll learn about concepts like foreseeability, certainty, and mitigation of damages. Through engaging examples a…
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Dive into the world of contract modifications, exploring how existing agreements can be changed through mutual consent. Professor Oranburg examines the requirements for valid modifications, including consideration in common law and the UCC’s more flexible approach. You’ll learn about the pre-existing duty rule and its exceptions. Through practical …
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Explore the circumstances under which non-performance of contractual obligations may be legally excused. Professor Oranburg examines doctrines such as impossibility, impracticability, and frustration of purpose. You’ll learn how unforeseen events can affect contract performance and when courts will relieve parties of their obligations. Through real…
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Delve into the concept of anticipatory repudiation, where one party indicates they won’t perform their contractual obligations before performance is due. Professor Oranburg explores how courts determine when a repudiation has occurred and what options are available to the non-breaching party. You’ll learn about adequate assurance of performance and…
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Join us for a compelling discussion on the boundaries of free speech in higher education. In this episode, Professor Seth Oranburg of UNH Franklin Pierce School of Law and Robert Shibley, a leading advocate for free expression and campus rights from FIRE (Foundation for Individual Rights and Expression), engage in a thought-provoking conversation a…
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Explore the concept of performance in contract law, focusing on what constitutes adequate fulfillment of contractual obligations. Professor Oranburg examines the doctrine of substantial performance and its applications in various contexts. You’ll learn about material vs. minor breaches and how courts determine when performance is sufficient. Throug…
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What's the meaning of "chicken?" Unravel the complexities of contract interpretation in this illuminating episode. Professor Oranburg explores the principles courts use to determine the meaning of contract terms when disputes arise. You’ll learn about intrinsic evidence, extrinsic evidence, and how courts balance the literal meaning of words with t…
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Uncover the role of conditions in contract law and how they affect parties’ obligations. Professor Oranburg explores different types of conditions, including conditions precedent, subsequent, and concurrent. You’ll learn how conditions are created, interpreted, and sometimes excused. Through practical examples and landmark cases, understand how con…
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Explore the parol evidence rule, a crucial principle in contract interpretation that determines when courts will consider evidence outside the written contract. Professor Oranburg breaks down this complex rule, explaining its purpose and exceptions. You’ll learn about integrated agreements, collateral contracts, and when prior or contemporaneous ag…
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Dive back into contract interpretation, focusing on advanced techniques courts use to resolve disputes over contract language. Professor Oranburg examines the use of extrinsic evidence in contract interpretation. Through real-world scenarios and case studies, gain a deeper understanding of how to courts reconcile situations where parties claim thei…
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In celebration of First-Generation College Students’ Day, Organized: The Business Law Breakdown is thrilled to present a special episode featuring distinguished faculty from the University of New Hampshire Franklin Pierce School of Law. Host Seth C. Oranburg, Professor of Law and Director of the Program on Organizations, Business, and Markets, sits…
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Delve deeper into the nuances of contract interpretation, focusing on how courts handle ambiguous or unclear language. Professor Oranburg examines the tools and techniques judges use to decipher contractual intent, including the use of industry standards and course of dealing. You’ll explore the contra proferentem rule and learn how courts fill gap…
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Dive into the dark side of contract law by examining how fraud and misrepresentation can invalidate agreements. This episode explores different types of fraud, from intentional deception to negligent misrepresentation. Professor Oranburg guides you through the elements of fraud in contract law and its consequences. Through engaging case studies, yo…
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Explore the impact of mistakes on contract formation and enforcement. This episode delves into how errors, misunderstandings, and misrepresentations can affect the validity of agreements. Professor Oranburg examines different types of mistakes, including mutual, unilateral, and mistakes of law versus fact. Through real-world examples and landmark c…
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In this special episode of Organized: The Business Law Breakdown, we honor Hispanic Heritage Month by engaging in a candid, thought-provoking conversation with three accomplished Hispanic lawyers: Cesar Vega, Assistant U.S. Attorney for the District of New Hampshire, Maya Dominguez, a New Hampshire Public Defender, and Enrique Mesa, an Immigration …
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Uncover the significance of the Statute of Frauds in contract law. This episode explores which types of contracts must be in writing to be enforceable. Professor Oranburg guides you through the historical origins of this statute and its modern applications. You’ll learn about the specific categories of contracts covered by the Statute of Frauds, in…
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In this episode of Mastering Contracts, we dive into the doctrine of promissory restitution, an important remedy in contract law that allows a party to recover for benefits conferred, even when there’s no formal agreement in place. We’ll explore how courts use this doctrine to prevent unjust enrichment, ensuring that no one unfairly profits at the …
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In this episode of Mastering Contracts, we explore the doctrine of promissory estoppel, which allows a promise to be enforced even without traditional consideration. We’ll discuss how reliance on a promise can lead to legal obligations and how courts handle situations where one party has taken significant steps in reliance on a promise, only to be …
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In this episode of Mastering Contracts, we explore the critical concept of consideration—the exchange of value that forms the basis of most enforceable contracts. We’ll discuss the difference between past consideration and present commitments, and why past actions often don’t count as valid consideration in contract law. We’ll also break down key e…
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In this episode of Mastering Contracts, we delve into the critical concept of acceptance and how it plays a key role in the formation of contracts. We explore the mirror image rule, which requires an acceptance to exactly match the terms of the offer for a valid contract to form. But what happens if the acceptance deviates even slightly from the of…
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In this episode of Organized: The Business Law Breakdown, we explore the crucial topic of offer termination and what makes an offer irrevocable or revocable. We’ll discuss the Mirror Image Rule and how it applies to offer acceptance under common law, as well as the Battle of the Forms under the UCC, which introduces flexibility in commercial contra…
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In this episode of Organized: The Business Law Breakdown, we dive into the methods by which offers can be terminated or made irrevocable. When can an offer be revoked? When must it be kept open? We break down the nuances of termination of offers, option contracts, and the concept of irrevocability. Through real-world examples and key case discussio…
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In this episode of Organized: The Business Law Breakdown, Professor Seth C. Oranburg explores what turns a simple promise into a binding legal obligation. Discover how courts define and enforce promises through contract law, and what makes certain promises legally enforceable. Using real-world examples and practical applications, we’ll uncover the …
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