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Applied and bridge studies study record
Other studiesThe Privilege Bifurcation Theorem: Separating Legal and Operational Records Improves Protection and Accountability
STATUS · Manuscript in progressSSRN · Not yet posted
MECHANISM
Identify the incentive structure and the condition that would falsify the claim.
RULE CHANGE
Read the intervention only after the paper shows how the current payoff space fails to support system welfare.
READER USE
Use the summary to see where private gain creates system exposure, then check the study record.
Contribution — what this adds to the conversation
Provides a formal theorem with corollaries, comparative statics, and empirical predictions. Integrates law and economics, organizational economics, and legal doctrine.
WHAT'S NEW · First formal theorem modeling privilege as an ex ante information architecture constraint rather than an evidentiary afterthought. Synthesizes doctrine from five jurisdictions into a unified economic model.
The Privilege Bifurcation Theorem proves that organizations should separate operational records from legal advice into two channels. A unified record cannot simultaneously maximize governance value and privilege protection. Bifurcation dominates when separation cost is less than the expected losses from commingling, waiver, and discovery. The theorem provides the architecture for Decision Accounting adoption across jurisdictions.