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This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...
Persistent link: https://www.econbiz.de/10013098841
Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...
Persistent link: https://www.econbiz.de/10013070323
Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization...
Persistent link: https://www.econbiz.de/10013051923
when the expected punishment aimed at the members of criminal enterprises is increasing at the same time. The jurimetrics …
Persistent link: https://www.econbiz.de/10014216528
when the expected punishment aimed at the members of criminal enterprises is increasing at the same time. The jurimetrics …
Persistent link: https://www.econbiz.de/10014218810
framework for the investigation into crime and punishment. Neuroeconomic parameters (e.g., risk-attitude, probability weighting …
Persistent link: https://www.econbiz.de/10014161277
We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective … experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to …-monetary punishments are different when considered as proportions of the maximum possible punishment, but that this does not hold when non …
Persistent link: https://www.econbiz.de/10012914227
We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective … experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to …-monetary punishments are different when considered as proportions of the maximum possible punishment, but that this does not hold when non …
Persistent link: https://www.econbiz.de/10012968594
Making the length of a prison sentence conditional on an individual’s offense history is shown to be a powerful way of preventing crime. Under a law adopted in the Netherlands in 2001, prolific offenders could be sentenced to a prison term that was some ten times longer than usual. We exploit...
Persistent link: https://www.econbiz.de/10014186992
Making the length of a prison sentence conditional on an individual's offense history is shown to be a powerful way of preventing crime. Under a law adopted in the Netherlands in 2001, prolific offenders could be sentenced to a prison term that was some ten times longer than usual. We exploit...
Persistent link: https://www.econbiz.de/10013131571