The common perception is that high or growing litigation rates in a country are a sign of societal pathology. Studies of litigation rates, however, consistently report that lawsuit filings per capita increase with economic prosperity, thus suggesting that litigation rates are a natural...

Indice: 1. Il mandato europeo di repressione penale del negazionismo. 2. La presenza del passato nella legislazione penale tedesca fino allo Historikerstreit. 3. L'apparente Sonderweg antinegazionista della Germania riunificata. 4. Una comparazione diacronica doverosa: il reato di Greuelhetze...

La geografia giudiziaria Italiana, rimasta sostanzialmente invariata dai tempi dell’Unità d’Italia, ha subito una radicale trasformazione con la riforma contenuta nella Legge n. 148 del 2011 e nei relativi decreti attuativi n. 155 e 156 del 2012. Nel dettaglio, il Decreto Legislativo n. 155...

This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to...

Theoretical works suggest that granting a supreme court discretion in choosing the cases to be decided on the merits could shift dockets away from traditional case-based adjudication and towards issue-based adjudication. According to this prediction, legislatures can recast supreme courts' roles...

Until recently (e.g., Lindquist 2007), few studies have examined the factors that might affect aspects of judicial efficiency, including the time it takes a court to decide a case. In our analysis of a sample o f U.S. Courts of Appeals decisions from 1971-1996, we examine a variety of potential...

Finnish Parliament accepted in February 2007 a new law on class actions (literally group actions), which entered into force 1 October, 2008. The legislative process was particularly slow. Finland has been preparing a law on class actions since the early 1990s and this was - depending on the...

In this article, we argue that aggregate litigation and the court system can not only restore the protection of victims and the production of deterrence, but also play a pivotal role in stimulating regulatory innovation. This is accomplished through a reward system that seems largely to mimic...

According to the law and economics approach, pure economic loss is a private loss that is not socially relevant but simply implies a redistribution of wealth. Consequently, wrongful behavior that induces reallocation of costs and benefits with no consequences on social welfare is not considered...