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Discussion of the territorial scope of the New Zealand Wages Protection Act in Mehta v Elliot (Labour Inspector). The authors argue that the territorial scope of all New Zealand statutes should be addressed by Parliament as a matter of course. As Judge Colgan pointed out in Mehta, this issue...
Persistent link: https://www.econbiz.de/10013026308
In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies would halt in its tracks. But something more interesting happened. Instead of stopping agency arbitration regulation, Trump's election and Republicans' defense...
Persistent link: https://www.econbiz.de/10012932400
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier—they...
Persistent link: https://www.econbiz.de/10013246540
The thriving mobile-based ride-sharing and food-delivery business in the United States has proven to be fertile grounds for litigation. Lawsuits, at times in the form of class actions, have been launched by drivers claiming to have been mis-classified as independent contractors rather than...
Persistent link: https://www.econbiz.de/10012832046
Persistent link: https://www.econbiz.de/10012719535
The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this...
Persistent link: https://www.econbiz.de/10012720574
The Brussels Ia Regulation leaves businesses no feasible option for a choice of jurisdiction in cross-border B2C contracts. The recent judgment by the European Court of Justice in the Ryanair case confirms that the Court will not tolerate any attempts to circumvent the regulatory aim of...
Persistent link: https://www.econbiz.de/10012946559
In light of the ubiquity of international commercial arbitration worldwide, most domestic jurisdictions strive to create consistency and uniformity in the interpretation and application of its fundamental principles. But what happens when such principles seemingly collide with a domestic...
Persistent link: https://www.econbiz.de/10012846038
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were...
Persistent link: https://www.econbiz.de/10014214091
This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...
Persistent link: https://www.econbiz.de/10014148634