This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

This short paper examines the recent history of election financing laws in Canada, and then looks briefly at three distinct aspects of the Harper decision: the irony of Stephen Harper's position in the case, evidential and conceptual problems associated with equating commercial speech with...

This paper is a brief summary of the research work developed on the effects of agreements reached through mediation for Emedeus European Project. The first legal effect is the novation of the relationship which arises with the new agreement, with new bonds or commitments replacing the previous...

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...

Employee raiding scenarios provide a unique opportunity for students examine the intersection of business strategy and the law. This article provides a high-energy teaching case study and teaching note that places students in the role of business decision-makers facing the unforeseen and abrupt...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...