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Full-Text Articles in Law
Nozione Di Consumatore E Legittimazione Alla Class Action, Valerio Sangiovanni
Nozione Di Consumatore E Legittimazione Alla Class Action, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Class Action E Tutela Contrattuale Degli Investitori, Valerio Sangiovanni
Class Action E Tutela Contrattuale Degli Investitori, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Richard Faulk
All those who participate in realizing the benefits of exploration – including those who use the resulting products and depend on their safe handling to avoid harm – are subject to their dangers. When the risks are enormous, and when society’s demands are extraordinary, the situation is ripe for political compromise. The products of that compromise may not be popular at this time of crisis, but that does not lessen their importance as anchors of reason during difficult times. The Limitation Act and the OPA, as well as the procedures under Supplemental Rule F, form a foundation that enables the …
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Richard Faulk
Offshore drilling is a tremendously complicated and potentially lucrative process. Unfortunately, it is also dangerous. Harvesters of fossil fuels face massive risks, not only to their lives and properties, but also to our environment and the livelihoods of all those who depend upon it. On balance, our “modern” sense of justice might insist that those who realize wealth should bear the risks that their exploration and production poses to others. But when a product, like petroleum, is inextricably woven into our national fabric, legislators sometimes reach surprising compromises. So, it seems, the owner of the Deepwater Horizon will argue in …
Switzerland, Samuel P. Baumgartner
Switzerland, Samuel P. Baumgartner
Samuel P. Baumgartner
Switzerland has the traditional Austro-German representative association procedures. Debate on adoption of other models, given the opportunity of the introduction of a first federal Code of Civil Procedure, reveals considerable cautious conservatism toward reform.
Reforming China’S Securities Civil Actions: Lessons From Us’S Pslra Reform And Taiwan’S Government Sanctioned Non-Profit Organization, Wallace Wen-Yeu Wang, Jianlin Chen
Reforming China’S Securities Civil Actions: Lessons From Us’S Pslra Reform And Taiwan’S Government Sanctioned Non-Profit Organization, Wallace Wen-Yeu Wang, Jianlin Chen
Jianlin Chen
In this paper, we analyze the different civil enforcement regimes of China, US and Taiwan to answer how China should reform her securities civil actions. Drawing on the latest scholarships and empirical studies, we examine the inadequacies of the US class actions in achieving the goals of deterrence and compensation and the implementation of PSLRA reform. The surprise finding on the active role by public institutional investors but passive role by private institutional investors is highlighted and discussed. Recognizing that efficiency of private attorney does not equate to efficiency of public good production and the importance of institutions motivated by …
Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner
Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner
Samuel P. Baumgartner
Class actions have gone global. Foreign parties are no longer a rarity in U.S. class litigation, among other developments. In addition to being named as defendants, foreigners increasingly form a significant part of the group of absent class members. U.S. courts have thus begun to consider some novel issues, including whether due process requires foreigners to be treated as an opt-in rather than an opt-out class; whether a judgment or settlement in the suit is capable of being enforced or recognized as res judicata abroad and thus whether class certification is justified in the first place; and whether a foreign …