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Concerns have been burgeoning about the increasing number and complexity of disputes involving Australian universities, their extensive monetary costs and the damage they cause to the reputation of those universities. However there is very little empirical data about disputes in universities to...
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In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...
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Courts perform a variety of different tasks in administering the law that governs corporations. One group of tasks involves fitting the law that governs corporations into the rest of the fabric of the law. This involves both fitting corporations law into the general law, and deciding whether...
Persistent link: https://www.econbiz.de/10013019482
In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New...
Persistent link: https://www.econbiz.de/10013025103
Economic analysis of law is an important field of study for the courts. This is because court decisions affect the use of society's limited resources. Therefore, the economic efficiency of a particular course must be taken into account. However, without adequate data there is a risk that...
Persistent link: https://www.econbiz.de/10013035585
This paper critically examines the process for the resolution of disputes that arise during the course of the parliamentary term as to whether a member of Parliament has become disqualified (and a vacancy thereby created). The author concludes that there are sound policy reasons for considering...
Persistent link: https://www.econbiz.de/10013032918
It is accepted that a breach of an international investment agreement does not necessarily constitute a breach or violation of an investment treaty or international law norm applicable between an international investor and a host state. It is common that the adjudication of breaches of these...
Persistent link: https://www.econbiz.de/10012954443
The Roberts Court saw a number of important advances for judicial enforcement of federalism-based limits on congressional power, both in high-profile cases such as NFIB v. Sebelius, and lesser known ones. The extent of these gains is greater than many observers recognize. Much of this progress...
Persistent link: https://www.econbiz.de/10012967284