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- Whiten v. Pilot Ins. Co (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Usos E Abusos Da Função Punitiva: "Punitive Damages" E O Direito Brasileiro, Mariana Pargendler
Mariana Pargendler
Examinam o instituto dos punitive damages, o qual pode ser traduzido como “indenização punitiva”, e sua compatibilidade com o Direito brasileiro, uma vez que essa pena vem conquistando progressiva aceitação na doutrina e jurisprudência. Trazem à colação julgados ocorridos nos Estados Unidos que exemplificam os mecanismos e limites dos punitive damages, sendo, nesses casos, considerado imprescindível, para se alcançar resultado útil com a punição/prevenção, a comprovação de elementos subjetivos a marcarem a conduta do ofensor. No Brasil, alegam, o instituto dos punitive damages não raro é confundido com o caráter punitivo associado à indenização do dano extrapatrimonial, sendo invocado, muitas …
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gila Stopler
This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
Gila Stopler
Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Dr. Yehuda Adar
Yehuda Adar Dr.
Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Mauro Bussani
The goal of the essay is to discuss the role that a person’s malice may play in Western tort laws. To this purpose, the paper examines how the finding of the defendant’s malice may: (i) make the victim’s or a third party’s contribution to the injury appear negligible; (ii) blur the distinction between acts and omissions; (iii) relax the notions of proximity and remoteness; and (iv) extend the range of consequences for which the defendant can be held liable.
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Transfer Of Company’S Registered Office And Forum-Shopping In International Insolvency Cases: An Important Decision From Italy, Federico M. Mucciarelli
Transfer Of Company’S Registered Office And Forum-Shopping In International Insolvency Cases: An Important Decision From Italy, Federico M. Mucciarelli
Federico M. Mucciarelli
The Italian Supreme Court (Corte di Cassazione) has issued an important decision on companies’ freedom of establishment in the European Union (EU) and on jurisdiction over insolvency proceedings. It was a typical forum-shopping case in insolvency situations, in which a company decides to shift its registered office abroad before a court from its original country declares the insolvency. The Cassazione did not apply EC-Regulation 1346/2000 on cross-border insolvency, but declared the company as liquidated because of the transfer of the registered office. This solution leaves many questions unclear, both under EC-freedom of establishment and under jurisdiction rules for cross-border insolvency.