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The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused...
Persistent link: https://www.econbiz.de/10008835337
“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...
Persistent link: https://www.econbiz.de/10012983504
Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view...
Persistent link: https://www.econbiz.de/10012842816
Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...
Persistent link: https://www.econbiz.de/10014165060
The rise of the platform economy has been the subject of celebration and critique. Platform companies like Uber, Airbnb, and Postmates have been rightfully celebrated as positively disruptive, introducing much–needed competition in industries that have been otherwise over–mature and...
Persistent link: https://www.econbiz.de/10012931991
In 2006, the National Collegiate Athletic Association (NCAA) celebrated 100 years of providing opportunities for students to participate in intercollegiate athletics. During that time intercollegiate athletics underwent tremendous transformation. Beginning as student-run endeavors on Ivy League...
Persistent link: https://www.econbiz.de/10014201963
Since United States v. Lopez first brought the distinction between economic and non-economic activity to the forefront of the Supreme Court's Commerce Clause analysis, courts and commentators alike have been grappling with the issue of what constitutes an economic activity for federal regulatory...
Persistent link: https://www.econbiz.de/10014050808
Maritime policy analysts often invoke the 'vessel safety net' metaphor to explain the independent but overlapping risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from...
Persistent link: https://www.econbiz.de/10013113390
The aim of this paper is to call for the need of a theoretical model of pharmaceutical products safety in which the two systems of regulation and liability operate complementarily. The question is why two legal tools that are meant to achieve and protect the same goal (protection of consumers)...
Persistent link: https://www.econbiz.de/10013124248
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