This survey of recent developments includes reports on the new Rotterdam Rules intended to govern claims of damage or loss for goods carried by sea under bills of lading and new Institute Cargo Clauses for use in policies of marine insurance. Reports are also offered on the cases of Transfield...

Based on interviews of all UK based third party litigation funders the paper provides new empirical evidence on the nature, extent and type of third party funding of litigation. It also examines the emergence of new group or class action third party funders in Europe focused primarily on...

This project presents six years of hand-collected federal district court data to analyze the first representative sample of veil piercing litigation. Our method identifies veil piercing complaints through Westlaw's trial pleadings database and codes each case through a detailed examination of...

Criminal Strict Liability The Food Drug and Cosmetic Act is a public protection statute and provides for strict criminal liability. Therefore, corporate officials could be held criminally liable even if they had no knowledge or notice of the wrongdoing. The decision of Dotterweich concerned...

Could Brexit be void, and article 50 notification annulled, because of illegality and irregularity in the vote? This paper discusses the implications of three major reports issued in July 2018. First, the Electoral Commission found that ‘Vote Leave' officials were guilty of criminal offences...

The UK's withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the...

A behavioral divide cuts across the Atlantic. Despite the recent surge of behavioral analysis in European academia, a scrutiny of decisions by courts and regulatory agencies in the US and the EU reveals striking differences: While in the US rulings by courts and regulatory agencies progressively...

Building on systems theory and the economics of law, this paper argues that evolutionary models can explain certain features of common law reasoning, in particular the way that the doctrine of precedent operates to combine stability with change. The common law can be modeled as an adaptive...

It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...

Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...