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Brand appropriation litigation in Australia centres on one or more claims of trade mark infringement, breach of s18 of the Australian Consumer Law (formerly s52 of the Trade Practices Act), and commission of the tort of passing off. At the core of these actions is an allegation that the consumer...
Persistent link: https://www.econbiz.de/10013086052
When drafting an agreement between a client and its Chinese counterparty, one of the central questions is how conflicts shall be resolved that may arise out of the agreement. Based on the skepticism about the Chinese judicial system, concerns about local protectionism, and the inability to...
Persistent link: https://www.econbiz.de/10013086240
Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers' access...
Persistent link: https://www.econbiz.de/10013086809
Using several themes of corrupting practices, this multi-dimensional corruption survey has attempted to assess through the lenses of public officials and other relevant communities of Addis Ababa, the capital city of Ethiopia, the status and corrosive nature of corruption in Ethiopia. The survey...
Persistent link: https://www.econbiz.de/10013086843
In the symposium “Bankruptcy and Race: Is There a Relation?,” participants responded to our earlier article on race and bankruptcy chapter choice that appeared in the Journal of Empirical Legal Studies. Our article found that African Americans were overrepresented in chapter 13 and found...
Persistent link: https://www.econbiz.de/10013087306
In “Race, Attorney Influence, and Bankruptcy Chapter Choice,” which appeared in the Journal of Empirical Legal Studies, we reported on two studies. The first study used real-world bankruptcy data and documented a large racial disparity in bankruptcy chapter choice. Even after controlling for...
Persistent link: https://www.econbiz.de/10013087309
This article determines the overall purpose of the Antitrust statutes in two very different ways. First, it performs a traditional analysis of the legislative history of the Antitrust laws by analyzing relevant legislative debates and committee reports. Second, it undertakes a textualist or...
Persistent link: https://www.econbiz.de/10013088192
Retrospective amendments have always been a bone of contention in taxation laws. Sometimes to cure the defects pointed out by courts in the fiscal legislation and sometimes (by being accompanied by validation laws) to take away vested rights of the citizens, retrospective amendments are not...
Persistent link: https://www.econbiz.de/10013088905
Judge Robert Bork was undeniably one of the towering figures in antitrust history. He advanced the field positively in many respects, articulating a serious critique of excesses of an earlier social-political approach to antitrust. But as one of the conservative movement's intellectual...
Persistent link: https://www.econbiz.de/10013088926
The mathematician and philosopher Kurt Gödel reportedly discovered a deep logical contradiction in the US Constitution. What was it? In this paper, the author revisits the story of Gödel's discovery and identifies one particular “design defect” in the Constitution that qualifies as a...
Persistent link: https://www.econbiz.de/10013091542