This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

Legal proceedings often involve multiple stages: U.S. civil litigation allows motions to dismiss and for summary judgment before reaching a trial; government agencies as well as prosecutors employ investigative and screening processes before initiating formal adjudication; and many Continental...

The government's 2011 prosecution of hedge fund manager Raj Rajaratnam and the various investigations into the use of expert networks by hedge funds and other institutional investors have prompted questions about the law of insider trading, permissible methods of gathering information, general...

This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure...

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

In recent years, the Department of Justice (DOJ) has settled allegations of wrongdoing in the 2008-2009 financial crisis with multi-billion-dollar agreements with major financial institutions such as Bank of America, Citigroup, and Goldman Sachs. On the political left, voices such as Elizabeth...

Legal commensuration is a complex mechanism of valuation. Its complexity has much to do with the relational nature of the monetary exchange involved between parties in the litigational context. This article offers a framework to understand its process and outcome by focusing on the institutional...

Axioms of behavior define preferences of law. Coase's Theorem allows social efficient outcomes need not be equitable. History indicates efficient outcomes that are not equitable to the general populace are intertemporally unstable (not constitutional). The 2nd Welfare Theorem asserts there...

Traditional justice in the rural areas of South Africa is dispensed by official traditional courts, where they are presided over by traditional leaders. The Black administration Act 38 of 1927 currently makes provision for two types of courts depending on the nature of the facts before the...