In early 2009, the Federal Reserve Board, along with the Office of Thrift Supervision (OTS) and the National Credit Union Administration (NCUA) (the quot;Agenciesquot;) proposed new rules primarily targeted to ATM and debit card transactions quot;intended to ensure that consumers have clear and...

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...

The contribution is based on an earlier article, 'Reshaping Commonwealth Caribbean Jurisprudence: From Pratt and Morgan to Joseph and Boyce' (2007) 32 (2) West Indian Law Journal (forthcoming). That article traces the continuity between the Privy Council decision in Pratt and Another v the AG...

In 2006 the Delaware Supreme Court handed down a set of opinions, In re Walt Disney Co. Derivative Litigation and Stone v. Ritter, which were intended to clarify the often invoked, but rarely defined, notion of corporate good faith. In doing so, the Court introduced scienter as a key element in...

This essay analyzes changes in the U.S., Germany, and Israel over the past three decades in the content of, access to, and significance of citizenship. It also attempts a normative argument for a conception of citizenship that is plausible and just, historically and culturally embedded, and...

This article treats the adverse authority of case law in favor of strict attorney liability under the Fair Debt Collection Practices Act. It illustrates legal and procedural aspects of defending an attorney who has been sued pursuant to the FDCPA for unfair debt collection practices. Focused on...

This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...

The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...

The court in Re Ballast [2006] EWHC 3189 (Ch) rejected the proposition that an insurer via subrogation has a proprietary interest in the insured's cause of action, but its reasoning is strewn with confusion and fails to appreciate the impact of insolvency set-off on the principle of...