Showing 1 - 10 of 40,765
Persistent link: https://www.econbiz.de/10013152485
This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...
Persistent link: https://www.econbiz.de/10012843998
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
A considerable amount of literature has been published on Creative Commons (CC) licensing. There are many short articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on the other hand, aims to provide a thorough and critical...
Persistent link: https://www.econbiz.de/10014153518
Persistent link: https://www.econbiz.de/10013298474
nearby wireless Internet access point owned and operated by a neighbor. What potential liability may ensue from accessing … questions as the popularity of wireless technology continues to increase. This paper explores several theories of liability …
Persistent link: https://www.econbiz.de/10014066068
In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in … its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms … of efficiency only if we are trying to allocate risks in an optimal manner. The strict liability of the public …
Persistent link: https://www.econbiz.de/10012988965
areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the … dynamic, information-forcing role for common law tort liability in the realm of climate change litigation. In this model …
Persistent link: https://www.econbiz.de/10013289199
”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be … offers a way to improve them. It then builds on a scheme, articulated and defended elsewhere, for handling legal liability … products is intimately connected to the best legal regime for stem cell product liability. Although there are not yet many stem …
Persistent link: https://www.econbiz.de/10014162099
This review of developments in New Zealand administrative law covers the period from mid 2016 to mid 2019. The developments I have selected for discussion concern Bill of Rights methodology; heightened scrutiny reasonableness review; substantive legitimate expectations; a duty of consistency;...
Persistent link: https://www.econbiz.de/10012840105