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Spanish Abstract: Desde hace varias décadas una de las materias jurídicas más beligerantes en sede de responsabilidad civil -ya sea contractual o extracontractual- la constituye aquélla que afecta a los profesionales sanitarios, sobre todo, la relativa a los profesionales de la Medicina y la...
Persistent link: https://www.econbiz.de/10012917056
Attorney fees fund litigation yet little is known about fees in most cases. Fee data are rarely available in the United States or in English rule, loser pays, jurisdictions. This Article analyzes fee awards in Israel, which vests judges with discretion to award fees, with loser pays operating as...
Persistent link: https://www.econbiz.de/10013062609
A negotiator's Best Alternative to a Negotiated Agreement ("BATNA") is a key source of negotiating power. The BATNA concept was originally developed in the United States and has been exported to other countries through negotiation books and courses. But can negotiators legally rely on BATNA...
Persistent link: https://www.econbiz.de/10012950632
In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal rules in a market for law where people and firms often can shop for those regimes that they find most desirable. This market helps deal with a world in which increasing mobility...
Persistent link: https://www.econbiz.de/10014212298
Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...
Persistent link: https://www.econbiz.de/10014102337
Analyses the UK Supreme Court's decision in Richard Lloyd v Google LLC [2021] UKSC 50, [2021] 3 WLR 1268. Argues that, contrary to what a superficial reading of Lloyd may suggest, the UKSC judgment does not mean that illegal online tracking cannot be actionable per se or that representative...
Persistent link: https://www.econbiz.de/10013298329
Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...
Persistent link: https://www.econbiz.de/10014359157
Law is the way civilized societies provide for the conduct of citizens to enhance harmony and optimize achievement of personal liberties. Our laws are an attempt to deal with many of the most horrible ways humans treat each other. Laws are also divided into many sub-specialties, each requiring...
Persistent link: https://www.econbiz.de/10014344070
Under what circumstances do third parties have standing to assert a decedent’s cause of action under various federal consumer protection statutes? Over time, federal courts opted to adopt a unique set of principles to guide this determination. This short article affords an overview of these tenets
Persistent link: https://www.econbiz.de/10014255565
According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling...
Persistent link: https://www.econbiz.de/10014255566