Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Litigation (3)
- Dispute Resolution and Arbitration (2)
- Administrative Law (1)
- Business Organizations Law (1)
- Commercial Law (1)
-
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Courts (1)
- Economics (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Internet Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Economics (1)
- Securities Law (1)
- Social and Behavioral Sciences (1)
- Torts (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
ExpressO
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where the “real and substantial connection” test is otherwise met (i.e. consent-based jurisdiction, presence-based jurisdiction or assumed jurisdiction) the only available defences to a domestic defendant seeking to have a Canadian court refuse enforcement of a foreign judgment are fraud, public policy and natural justice. The 2005 Ontario decision in United States of America v. Shield Development Co., presents an opportunity to critically analyze the defence of natural justice through a juxtaposition of American and Canadian procedural law. The thesis is that procedural justice mandates that “form follow …
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
Harry Potter And The Three-Second Crime: Are We Vanishing The De Minimis Defense From Copyright Law?, Julie Cromer
ExpressO
No abstract provided.
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari Osofsky
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari Osofsky
ExpressO
ABSTRACT: This article aims to forward the dialogue about transnational corporate regulation by mapping the power dynamics that infuse litigation over energy production’s externalities and their implications for sovereign regulatory authority. The piece’s core argument is that appropriately constraining the externalities of energy production demands a nuanced, spatial understanding of the relationship among governmental regulatory entities, corporations, and the other actors that influence them. Part II begins by considering the multi-layered regulatory dilemmas posed by the transnational energy production process, the uncertain status of corporations under international law, and the law and economics debate over appropriate and effective environmental regulation …
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
Future-Priced Convertible Securities & The Outlook For "Death-Spiral" Securities-Fraud Litigation, Zachary T. Knepper
ExpressO
No abstract provided.
Procedural Justice, Lawrence B. Solum
Procedural Justice, Lawrence B. Solum
ExpressO
The real work of procedure is to guide conduct. It is sometimes said that the regulation of primary conduct is the work of the general and abstract norms of substantive law—clauses of the constitution, statutes, regulations, and common law rules of tort, property, and contract. But substance cannot effectively guide primary conduct without the aid of procedure. This is true because of three problems: (1) the problem of imperfect knowledge of law and fact, (2) the problem of incomplete specification of legal norms, and (3) the problem of partiality. The solution to these problems is particularization by a system of …
Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang
Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang
ExpressO
This Article advances the thesis that real options are not only ubiquitous in law, but also provide novel insights about legal decision making, doctrines and rules. An introduction provides a brief a primer about financial options, real options, and real options in law. Part I of this Article develops implications of the fact that every lawsuit contains a sequence of real options for the plaintiff to unilaterally abandon that lawsuit. Part II of this Article appraises the limitations of game-theoretic analysis of the abandonment options embedded in litigation and some responses to such limitations. Part III of this Article illustrates …