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This book analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to the contentious conversation about law – equity fusion in other countries of the...
Persistent link: https://www.econbiz.de/10012913437
The U.S. Supreme Court's October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth and Eighth Amendment decisions, as well as important rulings relating to basic habeas corpus principles and Federal statutes. This article provides a selected...
Persistent link: https://www.econbiz.de/10012765131
When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a new dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now the North American Free Trade Agreement), the U.S. Congress and trade negotiators expected that the...
Persistent link: https://www.econbiz.de/10014056819
U.S. districts courts have been increasingly faced with international cases that involve foreign litigants and foreign conduct. Despite an abundance of doctrinal analyses on the U.S. Supreme Court's decisions involving extraterritorial civil jurisdiction, there are abysmally few empirical...
Persistent link: https://www.econbiz.de/10012903065
-offs between litigation and regulation as modes of governance, including how laws change under each regime over time. Data on 1 … approach (litigation in the UK, regulation in the US), even within the domain of M&A law. Subject to strong limits on external … regulation and litigation, even for otherwise similar nations in a similar context, and that a combination of interest groups …
Persistent link: https://www.econbiz.de/10013150915
Financial regulation is a much debated topic for some time. The history of financial instruments started at a time when …. Financial derivatives are a sub species of financial instruments No internationally accepted principles for regulation of … judiciary regarding the regulation of financial instruments in general and financial derivatives in particular. The US, UK and …
Persistent link: https://www.econbiz.de/10012954603
This paper examines the regulation of outsider trading in EU and the US, highlighting the differences between the two …
Persistent link: https://www.econbiz.de/10013004750
extraterritorial regulation is appropriate. Although most articles about the Morrison decision focus attention on when the SEC can sue … non-U.S. firms for fraud, this Article addresses an understudied area of financial regulation, namely when the SEC can …
Persistent link: https://www.econbiz.de/10012951972
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10014174145
The first Neighbourhood Justice Centre has recently been set up in Australia and forms part of a worldwide neighbourhood justice movement which focuses upon local justice solutions. These models are based around community courts operating as part of broader justice initiatives which reposition...
Persistent link: https://www.econbiz.de/10014182119