Showing 1 - 10 of 1,376
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...
Persistent link: https://www.econbiz.de/10012750370
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...
Persistent link: https://www.econbiz.de/10012721099
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...
Persistent link: https://www.econbiz.de/10012712778
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...
Persistent link: https://www.econbiz.de/10012753505
This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...
Persistent link: https://www.econbiz.de/10012772446
Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a quot;third wavequot; of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident quot;second wavequot; of 1970's feminism. Goodbye...
Persistent link: https://www.econbiz.de/10012764437
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...
Persistent link: https://www.econbiz.de/10012754859
The scientific article is devoted to the multidisciplinary study of the phenomenon of legal responsibility, in legal terms, as a manifestation of social responsibility. Responsibility as a phenomenon of social life rezmatra primarily from the standpoint of hermeneutics, and then illuminates the...
Persistent link: https://www.econbiz.de/10011105203
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...
Persistent link: https://www.econbiz.de/10012724846
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...
Persistent link: https://www.econbiz.de/10012725916