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areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the … dynamic, information-forcing role for common law tort liability in the realm of climate change litigation. In this model …
Persistent link: https://www.econbiz.de/10013289199
”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be … offers a way to improve them. It then builds on a scheme, articulated and defended elsewhere, for handling legal liability … products is intimately connected to the best legal regime for stem cell product liability. Although there are not yet many stem …
Persistent link: https://www.econbiz.de/10014162099
Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps …
Persistent link: https://www.econbiz.de/10013088984
Persistent link: https://www.econbiz.de/10013023742
In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market
Persistent link: https://www.econbiz.de/10014240311
With the passage of the Internet Gambling Ban of 2006, Congress envisioned a complete prohibition on online poker and online gambling in general. Instead, this hastily passed law has created more confusion than it has cured. By failing to acknowledge jurisdictional problems associated with this...
Persistent link: https://www.econbiz.de/10014050226
liability principles for online intermediaries, in particular the concept of "Störerhaftung", recent case law regarding the … liability of network operators for unlawful acts by network users is examined. Against this background it is discussed whether …
Persistent link: https://www.econbiz.de/10014129637
In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress included a provision requiring bankruptcy courts evaluating individual debtors' financial circumstances to utilize certain monthly expense standards developed by the Internal Revenue Service for assessing...
Persistent link: https://www.econbiz.de/10012772167
Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships … prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder … liability, auto liability, gun liability, medical professional liability, and lawyers' professional liability. The goal is to …
Persistent link: https://www.econbiz.de/10013088333
In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...
Persistent link: https://www.econbiz.de/10013151431