There is no right of appeal against a verdict of a court or jury at common law. The Court of Kings Bench had the prerogative power to supervise other tribunals and the prerogative writs of certiorari, mandamus and prohibition gave that court an appellate-like function. Also, in English law there...

Major crises like the ongoing and future one connected to the SARS-CoV-2 virus have a way of exposing current public-policy approaches as being woefully inefficient and insufficient at accomplishing their stated aims. While programs connected to public health and the economy will receive the...

This essay recounts and updates some of my research in property theory and in contract theory. One aim of my research has been to provide pathways for understanding the significance of market-inalienability. In developed societies that feature the institutions of private law, with commitment to...

In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...

This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...

This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

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...

Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...

As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...

Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as...