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Criminal Strict Liability The Food Drug and Cosmetic Act is a public protection statute and provides for strict criminal liability. Therefore, corporate officials could be held criminally liable even if they had no knowledge or notice of the wrongdoing. The decision of Dotterweich concerned...
Persistent link: https://www.econbiz.de/10012954790
‘…the possibility of damages for those whose interests Urgenda represents, including current and future generations of Dutch nationals, is so great and concrete that given its duty of care, the state must make an adequate contribution, greater than its current contribution, to prevent...
Persistent link: https://www.econbiz.de/10013225312
This paper has been composed within the framework of the ‘Shifts in Governance’ project, financed by the Netherlands Association for Scientific Research (NWO). It contains an impression of first empirical data that was collected on industrial accidents and occupational diseases in four...
Persistent link: https://www.econbiz.de/10014193864
This paper examines the compensation systems for industrial accidents in Belgium, Germany and Great Britain, thereby taking into account some recent empirical data on industrial accident rates and (although hardly available) amounts of compensation paid out to employee victims. The key question...
Persistent link: https://www.econbiz.de/10013142362
A behavioral divide cuts across the Atlantic. Despite the recent surge of behavioral analysis in European academia, a scrutiny of decisions by courts and regulatory agencies in the US and the EU reveals striking differences: While in the US rulings by courts and regulatory agencies progressively...
Persistent link: https://www.econbiz.de/10012971712
Most scholars who have written about the law of slavery in England have focused on Somerset’s case of 1772, which had an intellectual impact not only in England itself but across the British Empire. While we recognize that Somerset represented some change in practice, historians have searched...
Persistent link: https://www.econbiz.de/10013231720
Seeing everything from the perspective of Somerset (1772) has obscured the vibrant debate within the English judicial system over the legality of slavery in England and its empire over more than a century. Not only was the Common Law on slavery changing profoundly during the seventeenth century;...
Persistent link: https://www.econbiz.de/10013231721
In the spring of 1685, Morgan Godwyn, a minister who had served in Virginia and Barbados for more than 15 years, disappeared after publishing a book condemning the slave trade, and in 1687, he died. This paper is an attempt both to explain the mystery surrounding his death by providing a context...
Persistent link: https://www.econbiz.de/10013231790
The law-and-economics movement has made a huge impact on the scholarship of contract law in the US. But compared to their US counterparts, English legal scholars are less enthusiastic about adopting the economic approach in their research. Existing studies have rarely, from an economic...
Persistent link: https://www.econbiz.de/10012715678
This paper provides a comparative examination of recent developments in English, German and French law in the field of wrongful conception and wrongful birth. The author questions to what extent these different jurisdictions demonstrate a common approach to such actions
Persistent link: https://www.econbiz.de/10014060380