This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...

If an antitrust fine has been imposed on a company, the question of managerial recourse liability arises. We present court cases from the Netherlands, the UK, and Germany, in part denying managerial liability and claiming that it would undermine the fines’ deterrent effect. We analyse whether...

This chapter discusses the Dutch rules on civil liability for accidents involving traditional cars and self-driving cars. In Dutch law, various parties may be liable in the case of accidents with a self-driving car: the owner or keeper, the driver, the possessor, the manufacturer, the car me-...

The global intellectual property system rests on a distinction between exclusive property rights and free competition. Exclusive rights vary in strength and intensity, but the opposite of protection is almost always free competition. Distinctions of intensity are drawn in terms of the length of...

In 1890, when Louis Brandeis and Samuel Warren wrote their seminal work on The Right to Privacy, Japan did not have a word for the concept. Scholars settled on puraibashii a transliteration as opposed to translation, of the word privacy. Today, privacy is closely guarded in Japan; the European...

This Article argues for certain exceptions to intellectual property liability—particularly regarding patents and copyrights—during times of crisis, especially for those who are volunteers contributing to response efforts. The authors first consider the massive risk of liability associated...

Our study documents the direct and spillover costs arising from the loss of reputation for credit rating agencies (CRAs). Credit ratings are essential for a well-functioning debt market, and the integrity of these ratings depends on the reputation of the CRAs. Using data from the unexpected...

We investigate the impact of introduction of personal liability on the market for independent directors (IDs), particularly the acceptance of directorship offers by candidate IDs. Using a game theoretic framework and constructing games involving different information regimes, types of insiders...

Does limited liability on damages improve social efficiency? I show that the efficient liability rule is determined by the tradeoff between damages to the tort claimants and benefits to the outside stakeholders (consumers, employees, suppliers, communities, governments, etc). Full liability...

In response to the growing threat of climate change, the insurance industry has made significant investments in modelling and quantifying physical climate risks. However, the emerging risk of climate litigation has proven particularly difficult to model. In 2015 Mark Carney, then-Governor of the...