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...

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...

This article surveys the historical development of financial services regulation in Great Britain, especially the social conditions and power relations that have shaped the evolution of British financial markets. The analysis specifically focuses upon the role of special interest groups and how...

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...

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...

This article is based on the text of a speech delivered by Oliver Bethell on 13 November 2019 at the Econolex Beesley lecture series, held in partnership with the Institute of Economic Affairs and the Centre for Competition and Regulatory Policy at City, University of London

On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...

This article analyses the current regulatory framework governing transnational restrictive business practices. It identifies key gaps that provide room for anticompetitive practices to flourish, causing cross-border transfer of wealth, typically from less affluent states. The economic harm...

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...

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...