Showing 1 - 10 of 358,453
, possibly leading to civil and even criminal liability.It now seems clear that criminal liability for the harm caused by a … article examines one particular aspect of the emerging development: the potential criminal liability of the vessel owner or … that the owner's or operator's criminal liability may be based on either vicarious liability for the criminal acts of a …
Persistent link: https://www.econbiz.de/10013113390
‘…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
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
Persistent link: https://www.econbiz.de/10013074576
This paper deals with liability for nuclear accidents and analyses the international liability regime from an economic … financial cap on liability. It is equally argued that the same effect does not occur under the Price-Anderson Act. The nuclear … subsidy awarded under the international regime is calculated and the economic consequences of the liability subsidy are …
Persistent link: https://www.econbiz.de/10014201175
This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using...
Persistent link: https://www.econbiz.de/10014106321
liability reform is not one of them. Despite being a perennial target of health care reform -- with accompanying assertions that … a medical malpractice liability crisis is corrupting the delivery of health care in the United States -- only three … unanticipated consequences for the ongoing medical malpractice liability reform debate …
Persistent link: https://www.econbiz.de/10014186355
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
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
Persistent link: https://www.econbiz.de/10009520605