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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
operation of tort law, and to analyse the continuing role of the common law in an age of statutes. Broad legislative reforms …, does the legislation cover the field, does statutory reform allow continuing development of common law principles. As … Roscoe Pound recognized in his 1908 Harvard Law Review article on quot;Common law and Legislationquot;, legislative policy …
Persistent link: https://www.econbiz.de/10012779269
traditional factors that guide the choice of legal presumptions in tort law, we introduce the concept of “best discovery … liability …
Persistent link: https://www.econbiz.de/10012904411
already burdened by residual liability. We suggest that the interaction between evidence and substantive tort rules is an …
Persistent link: https://www.econbiz.de/10012892825
Persistent link: https://www.econbiz.de/10013008879
This paper studies environmental liability from the perspective of Private International Law (jurisdiction and choice … of law). Special attention is paid to EU law …
Persistent link: https://www.econbiz.de/10012990669
Little is known about the economics of plaintiff-side law firms, which typically work on a contingency fee basis. We …
Persistent link: https://www.econbiz.de/10013039396
Court's decisions that will have an impact in future private claims for damages arising from competition law violations …
Persistent link: https://www.econbiz.de/10013045117
particular reference to locus standi under tort, public and international law …
Persistent link: https://www.econbiz.de/10013225312
ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in … forms part of the ECHR system.By analyzing how Urgenda utilized the Strasbourg court case-law on Articles 2 and 8 ECHR in … order to bring climate cases under their protective scope, the actual significance of the ECHR law in climate change …
Persistent link: https://www.econbiz.de/10013225875