This paper examines the interplay between the issue of privacy and a new, evolving form of alternative dispute resolution (ADR) made possible by the Internet - online dispute resolution (ODR). The rise of ADR in the recent past was primarily the product of growing dissatisfaction with the...

Asserting that class actions are compatible with civil law systems, the author describes the Brazilian system of class actions, comparing it with its American counterpart, and placing it in the context of other systems' approaches to class action litigation. In this paper, the author presents...

In traditional mediation the role of the mediator has been defined as "[A] form of facilitated negotiation in which an impartial third party attempts to help disputing parties reach a mutually satisfactory solution to their problems, without the element of compulsion." Mediators are generally...

The text presents different strategies for institutionalizing social sciences in judicial methodology. Law has invented a successful method for treating the corpus of law as if it were a rational, coherent entirety. The legal system counterfactually imposes this methodological imperative on...

All good 'cyberlawyers' know that in the late 1990s, legal and regulatory measures were adopted, both at the domestic and international level to address the then-growing problem of 'cybersquatting': that is, the registration of often multiple domain names corresponding to valuable corporate...

In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...

The place of the rational actor model in the analysis of individual and social behavior relevant to law remains unresolved. In recent years, scholars have sought frameworks to explain: a) disjunctions between seemingly rational behavior and seemingly irrational behavior; b) the origins of and...

The phrase ‘access to justice’ is growing more common in contemporary debates about the Australian civil justice system. This article examines the concept of access to civil justice, why it is important, and the obstacles to achieving it, before reporting the results of an empirical survey...

Regulation is often casually conceived of as functioning like a binary on/off switch: as if an area, issue, or industry is either regulated or not. While this binary model of regulation can be useful, it also decontextualizes regulatory decisions from their position in time, and thus obscures...

The natural connection between parent and child matters both in life and in death. This article considers the legal conflicts that may arise when a primary caregiver parent dies. Consider whether a manipulative, self-involved, child-abusing, alcoholic mother who beat and badgered her children,...