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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...
Persistent link: https://www.econbiz.de/10012958724
Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may change. Recognizing that creditors have financial...
Persistent link: https://www.econbiz.de/10012959866
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This Note explores the conflict among the federal circuit courts as to whether a judge or jury should decide if the language contained in a collection letter is false, misleading, or deceptive to the least sophisticated consumer under the Fair Debt Collection Practices Act (FDCPA). Some...
Persistent link: https://www.econbiz.de/10013143954
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
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This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...
Persistent link: https://www.econbiz.de/10014144725
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...
Persistent link: https://www.econbiz.de/10014360286
Juries attract both stiff criticism and unqualified praise. Here, we examine how the American juries actually behave in tort cases, based on archival research, post-trial interviews with jurors, experiments with real and simulated juries, observations of real jury deliberations, and surveys of...
Persistent link: https://www.econbiz.de/10013098303
We construct a database of federal appellate cases involving religious liberties decided between 2006 and 2015, expanding and improving an existing database covering up to 2005, and use it to investigate the role of religion in judicial decisionmaking. We find that Jewish judges are...
Persistent link: https://www.econbiz.de/10012901858