Showing 1 - 10 of 123
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
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492
This paper considers the successful application for judicial review in Great Christchurch Buildings Trust v Church Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, in holding that sufficient public interest will justify circumvention of...
Persistent link: https://www.econbiz.de/10012897317
Fiduciary monitoring has become a hot topic as a result of the U.S. Supreme Court's decision in Tibble v. Edison International, according to recent expert insights published by Analysis Group Managing Principal D. Lee Heavner and Fiduciary Leadership LLC Managing Director and Analysis Group...
Persistent link: https://www.econbiz.de/10013019434
The paper examines the possible implications of the ruling of the Belgian Constitutional Court on the Italian legal system. Even if the Italian judicial system does not have any provision similar to the Belgian administrative loop, the Belgian rulings can impact the ongoing Italian debate on...
Persistent link: https://www.econbiz.de/10014122119
Follower notices, introduced in Finance Act 2014, can in certain avoidance situations be served on a taxpayer by HMRC (the UK revenue authority) where HMRC is of the opinion that the principles or reasoning of a decided case would deny the tax advantage in dispute. Such a taxpayer, who persists...
Persistent link: https://www.econbiz.de/10013297491
We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated judge. We consider a standard asymmetric information model where the uninformed defendant makes a take it or leave it offer. If the case goes to trial, the judge decides how...
Persistent link: https://www.econbiz.de/10010500186
In recent years, federal courts have heard, without clear subject matter jurisdiction, contract disputes involving billions of dollars worth of securitized financial instruments (SFIs). These SFI disputes are litigated in federal court under the federal interpleader statute, which specifies that...
Persistent link: https://www.econbiz.de/10011448876
The issue of Patent enforcement in the UK has generated a lot of heat, but not much light in the last year. Despite the lack of comprehensive empirical evidence of demand, a number of policy documents have focused on facilitating affordable patent litigation for small and medium sized firms....
Persistent link: https://www.econbiz.de/10013139412
The author explains his conclusion that the Supreme Court, as a matter of conscience, considers racial discrimination to be good for America. That conclusion, he argues, offers the only plausible account of the Court's repeated insistence on displacing populist efforts to promote racial equality...
Persistent link: https://www.econbiz.de/10013097984