Showing 1 - 10 of 29
The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical,...
Persistent link: https://www.econbiz.de/10012910728
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...
Persistent link: https://www.econbiz.de/10013054260
This report is from a Cambridge Workshop on the openness of large bioresources in synthetic biology and genomics (e.g. the 100,000 Genomes Project), held on 28 January 2016. Research in SB and Gx depends on the use of collections of tissue and data, commonly known as bioresources. Substantial...
Persistent link: https://www.econbiz.de/10012966795
This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...
Persistent link: https://www.econbiz.de/10014129931
This paper is a case note on Ilott v Mitson [2015] EWCA Civ 797. The judgment concerns the appropriate remedy following a successful claim by an estranged adult daughter under the Inheritance (Provision for Family and Dependants) Act 1975. The charities who were named in the mother’s will have...
Persistent link: https://www.econbiz.de/10014126851
“Offensive shareholder activism” involves buying up sizeable stakes in underperforming companies and agitating for changes predicted to increase shareholder returns. Though hedge funds are currently highly publicized practitioners of this corporate governance tactic, there has been no...
Persistent link: https://www.econbiz.de/10013130237
After a brief period during the financial crisis when countries appeared to be lurching towards economic nationalism, the international community has reaffirmed its commitment to open markets that are regulated in balanced ways that promote innovation while discouraging abuse. Hence, it remains...
Persistent link: https://www.econbiz.de/10013134532
An important tenet of a burgeoning 'law and finance' literature is that stock market development is contingent upon corporate law offering ample protection to shareholders. This paper addresses this claim, using as its departure point developments occurring in the United States between 1930 and...
Persistent link: https://www.econbiz.de/10013105507
A 1970 New York Times essay on corporate social responsibility by Milton Friedman is often said to have launched a shareholder-focused reorientation of managerial priorities in America's public companies. The essay correspondingly is a primary target of those critical of a shareholder-centric...
Persistent link: https://www.econbiz.de/10012839696
The last decade or so has witnessed a proliferation in the introduction of corporate organisational constructs to facilitate social enterprise across many European jurisdictions. The purpose of this paper is to investigate this phenomenon, and provide an (initial) analytical framework through...
Persistent link: https://www.econbiz.de/10012843485