This piece considers the codification of the directors' duty to consider the interests of creditors in Irish company law. Although it is well-established as one of the fiduciary duties of directors, the duty to have regard to the interests of creditors when the company is insolvent or is...

Based on a comprehensive treaty survey, the article presents the general approaches to sustainable development goals (SDGs) in Chinese International Investment Agreements (IIAs). With the global trend towards investor responsibilisation, a new generation of investment policies places inclusive...

Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...

Sometimes the possibility of being publicly identified as a complainant will be enough to discourage a person from complaining. That is especially true when being identified as a complainant exposes her to a greater likelihood of reprisal. This paper addresses the circumstances when such...

The related topics of statistical significance and the distraction of 'scientific proof' are sometimes critical to an understanding of expert evidence. This article relates primarily to the causes of disability and death in the context of claims for damages, workers’ compensation, motor...

Mediators at the Equal Employment Opportunity Commission (“EEOC’) completed a detailed online survey on the use of online video mediation (“OVM”). The measures sought to measure perceptions of procedural and distributive outcomes and to compare the detailed process elements of IPM and...

This article addresses the post-Obergefell landscape where employment protections from discriminatory practices for LGBT Americans are fraught with uncertainties and inconsistencies. Recent historical LGBT civil rights advances have led to new legal dilemmas, including confusion and...

Defining competences in EU law has always been problematic, notwithstanding the inclusion since the Treaty of Maastrict of the principle of conferred powers as central to the constitutional character of the EU. Under the principle of conferral, the Union only has those powers actually conferred...

Richterliche Leitsätze sind heute prägender Bestandteil der Rechtssetzung und Rechtsschöpfung in vielen Rechtsgebieten. Obwohl jedoch richterliche Entscheidungen unvermeidbar subjektiv und fehlbar sind, bleibt die Frage nach Leistungsfähigkeit und Grenzen dieses Richterrechts in der...

For psychologists, bounded rationality reflects the presence of cognitive dissonance and/or inconsistency, revealing that people use heuristics (Tversky and Kahneman (1974)) rather than sophisticated processes for the assessment of their beliefs. Recent research analyzing litigations and...