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Judicial Review against Regulations Which of Level and Degree under the Laws

SH., M.Hum., Dr. H. - 2013

The most essential in Court Supreme Regulation of Republic of Indonesia No. 01 of 2011 on Judicial Review Right compared to Court Supreme Regulation of Republic of Indonesia No. 01 of 2004 is the revocation time limit institution, in arguments that determination of time limit of objection...

Persistent link: https://www.econbiz.de/10013081217

Why Patentees Litigate

Andrews, Damon C. - 2013

Several aspects of patent litigation call into question patent holders' motivation for enforcing their exclusionary rights. Indeed, the expense alone can be enough to deter a firm from engaging in litigation, especially if it is likely that the parties will be unable to reach a settlement...

Persistent link: https://www.econbiz.de/10013085433

Credit-Monitoring Damages in Cybersecurity Tort Litigation

Johnson, Vincent R. - 2014

This article argues that the costs of credit monitoring should be recoverable in cybersecurity tort litigation. If a data subject's personal information has been seriously exposed to improper access by a data possessor's negligence, expenses incurred to detect the opening of unauthorized...

Persistent link: https://www.econbiz.de/10013065445

The Cost of Judicial Error : Stare Decisis and the Role of Normative Theory

Lash, Kurt T. - 2013

the application of the doctrine is appropriate. This requires the application of normative theory. Depending on the … justice's normative theory, some judicial errors impose such high costs that application of the doctrine of stare decisis is … inappropriate and the error should simply be rectified. Even in those constitutional cases where theory allows the maintenance of …

Persistent link: https://www.econbiz.de/10013073208

Punitive Element in Exemplary Damages - An Encroachment in Civil Liability Jurisprudence

Dash, Arunima - 2013

Exemplary damages are damages awarded in a court case which go beyond compensation to the victim. Not all nations allow courts to award exemplary damages and those nations which do not, generally will not uphold rulings of this nature. Exemplary damages are explicitly intended as punishment to...

Persistent link: https://www.econbiz.de/10013073209

Judges, Lawyers, and a Predictive Theory of Legal Complexity

Barton, Benjamin H. - 2008

This Article uses public choice theory and the new institutionalism to discuss the incentives, proclivities, and shared …

Persistent link: https://www.econbiz.de/10012724263

Court-Appointed Experts and Accuracy in Adversarial Litigation

Kim, Chulyoung - 2018

Concerned about evidence distortion arising from litigants' strong incentive to misrepresent information to fact-finders, legal scholars and commentators have long suggested that the court appoint its own advisor for a neutral piece of information about the dispute. This paper studies the...

Persistent link: https://www.econbiz.de/10012936172

White-Collar Plea Bargaining and Sentencing after Booker

Bibas, Stephanos - 2009

This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as...

Persistent link: https://www.econbiz.de/10012764862

Social Architecture, Judicial Peer Effects and the 'Evolution' of the Law : Toward a Positive Theory of Judicial Social Structure

Katz, Daniel Martin - 2008

Persistent link: https://www.econbiz.de/10012770178

Courts of Law and Unforeseen Contingencies

Anderlini, Luca - 2008

We study a contracting model with unforeseen contingencies in which the court is an active player. Ex-ante, the contracting parties cannot include the risky unforeseen contingencies in the contract they draw up. Ex-post the court observes whether an unforeseen contingency occurred, and decides...

Persistent link: https://www.econbiz.de/10012771125