Showing 1 - 10 of 191
Persistent link: https://www.econbiz.de/10013152485
The distinction between anonymous and pseudonymous communications is a subtle one, depending both on message context, traceability, and the state of both the law and the relevant technology regarding identification. They serve very different purposes within the matrix of social communication....
Persistent link: https://www.econbiz.de/10012778211
Gatekeeper liability – the framework under which actors such as law firms, investment banks and accountants face liability for the wrongs committed by their corporate clients – is one of the most widely used strategies for controlling corporate wrongdoing. It nevertheless faces...
Persistent link: https://www.econbiz.de/10012959511
A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...
Persistent link: https://www.econbiz.de/10012850505
Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory, and it is a fixed reality of the political economy. But it remains controversial. Scholarly debate has been engaged in absolute terms of defending the rule or advocating its abrogation....
Persistent link: https://www.econbiz.de/10013039419
How can the global shipping industry play its part in the fight to stop climate damage? Shipping accounts for around 90% of all international trade, and for 2.5% to 4% of all global greenhouse gas emissions, which damage the Earth’s climate. The shipping industry is also heavily concentrated....
Persistent link: https://www.econbiz.de/10013236346
A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...
Persistent link: https://www.econbiz.de/10014153518
The introduction of proportionate liability for claims for purely economic loss and property damage arising out of tortious or contractual negligence, or misleading and deceptive conduct by corporations and others, will change the way litigation will be planned and conducted in Australia, as it...
Persistent link: https://www.econbiz.de/10014055461
The 21st century has been marred by corporate scandal after scandal, including financial fraud, pyramid schemes, international bribery, and decades of sexual harassment. This raises an important question regarding the role of corporate and tort law in controlling the behavior of corporate...
Persistent link: https://www.econbiz.de/10014103038
The law of fiduciaries has been developed in an unprincipled manner. Consequently, the common law lacks a clear idea of the nature of the fiduciary relationship, the justification for fiduciary duties, and the purpose of fiduciary remedies. However, according to the author a principled theory of...
Persistent link: https://www.econbiz.de/10013133158