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Multi-Party Litigation and Third-Party Funding of Litigation as a Response to Globalisation

Boland, Michael James - 2023

Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...

Persistent link: https://www.econbiz.de/10014264232

Clash of Systems : Discovery in U.S. Litigation Involving Chinese Defendants

Campbell, Ray Worthy - 2017

Persistent link: https://www.econbiz.de/10012964835

M&A Break Fees : US Litigation vs. UK Regulation

Coates, IV, John C. - 2010

-offs between litigation and regulation as modes of governance, including how laws change under each regime over time. Data on 1 … approach (litigation in the UK, regulation in the US), even within the domain of M&A law. Subject to strong limits on external … regulation and litigation, even for otherwise similar nations in a similar context, and that a combination of interest groups …

Persistent link: https://www.econbiz.de/10013150915

On the Optimal Burden of Proof

Kaplow, Louis - 2015

The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...

Persistent link: https://www.econbiz.de/10014174145

Explaining Sentences

O'Hear, Michael M. - 2013

Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines'...

Persistent link: https://www.econbiz.de/10014214488

Judges As Gatekeepers and the Dismaying Shadow of the Law : Courtroom Observation of Judicial Settlement Practices

Sela, Ayelet; Zimerman, Nourit; Alberstein, Michal - 2020

In the civil justice system, judges engage in case management and settlement promotion more than they do in trial and judgment. Despite the importance of judges’ role in settlement, its empirical depiction and jurisprudential theorization are lacking. This gap likely results from a key...

Persistent link: https://www.econbiz.de/10014115798

Digital Justice : Online Resolution of Minor Civil Disputes and the Use of Digital Technology in Complex Litigation and Class Actions

Cashman, Peter Kenneth; Ginnivan, Eliza - 2019

This article focuses on two ends of the civil justice spectrum. At one end are high-volume, low-value disputes confined to specific facts and legal issues unique to the disputing parties. Many of these disputes do not presently enter the traditional civil justice system. At the other end are...

Persistent link: https://www.econbiz.de/10014105442

Signaling, Learning, and Screening Prior to Trial : Informational Implications of Preliminary Injunctions

Jeitschko, Thomas D. - 2012

Preliminary injunctions (PIs) are important in litigation in many settings, including antitrust, copyright, patent, trademark, employment and labor relations, and contracts. The filing of a PI and the court's ruling generate information that can impact settlement. We find that some plaintiffs...

Persistent link: https://www.econbiz.de/10013117008

Foreign Punitive Damages Decisions and Class Actions in Italy

Quarta, Francesco - 2012

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

Persistent link: https://www.econbiz.de/10013098841

Do Litigants Settle When They Face Non-Reformist Judges? Evidence From French Labor Courts

Nizza, Umberto - 2019

Are more cases settled when judges are elected among the most belligerent trade unions? In the specific case of French employment courts, the answer is broadly negative. This article provides evidence of the minor role that judges have on alternative dispute resolution in and out of court....

Persistent link: https://www.econbiz.de/10012896402