This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish...

With cross-border trade and the free movement of people inevitably legal disputes follow. Businesses and individuals need the assurance that a venue for the resolution of legal disputes is available. Not only must there be a reliable judicial system for the resolution of those disputes, but also...

In Victoria and New South Wales, young learner drivers have been required to have 120 hours supervised driving before taking their provisional license test since July 2007. Queenslanders under 25 have to show that they have completed 100 supervised hours. Most other states require at least 50...

Severe limitations on antitrust enforcement officials’ knowledge and the potential impact of ill-advised investigations and prosecutions on markets suggest that officials should exercise extraordinary caution in enforcement of restraints on single-firm conduct. Although it is common to depict...

In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis,...

The conferral of jurisdiction in matters of insurance according to Section 3 of Chapter II of the Regulation 44/2001 (Brussels I) is designed in view of protecting the weaker party who is granted the forum actoris advantage prescribed by Art. 9 par. 1b) of the Regulation. It should be borne in...

The new text of the European Insolvency Regulation (the “EIR Recast”) has addressed a large number of gaps and ambiguities raised by the practical application of the current version. This paper offers a critical analysis of three particular issues: the new scope of application of the EIR...

This article looks at New Zealand's conduct of business rules for financial advisers. It compares New Zealand's rules to conduct of business rules applicable in the United Kingdom and Australia. There are major respects in which New Zealand's conduct of business rules fall behind best practice,...

Website privacy policies often contain ambiguous language that undermines the purpose and value of privacy notices for site users. This paper compares the impact of different regulatory models on the ambiguity of privacy policies in multiple online sectors. First, the paper develops a theory of...

Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...