E-commerce is overshadowing face-to-face (F2F) transactions in business-to-consumer (B2C) commerce. This benefits consumers in providing more buying options, but may leave them with no remedies when purchases go awry. This chapter therefore discusses how online dispute resolution (ODR) systems...

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in...

Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential,...

Mass harm situations caused by corporate misbehaviour (e.g. anticompetitive practices, misleading market information), defective products, harmful pharmaceuticals, accidents or environmental disasters nowadays tend to multiply and create new challenges not only for legal actors, but also for...

This Article advances the retirement reform debate by looking more closely at the fiduciary relationship that exists between trustees and beneficiaries involving public sector employee pension funds. It offers a singular view from historic equity. The Article aims to see how equity in the...

This article assesses the relation between punitive and compensatory damages in a data set, gathered by Hersch and Viscusi (H-V), consisting of all known punitive damages awards in excess of $100 million from 1985 through 2003. It shows that a strong, statistically significant relation exists...

Based on governance-related criteria, this article provides an empirical jurimetric verification of how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency-enhancing channels to redress grievances in less developed countries. Based on data collected in 16...

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...

The judgment of the Supreme Court in R. v. K.R.J. reflects an important potential change in the way proportionality analysis is conducted in the review of constitutional rights limitations under Canada’s Oakes test. Previously, most cases came down to the “Minimal Impairment” stage of...