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Full-Text Articles in Law

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda Nov 2006

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda

Working Paper Series

This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.

To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages ...


Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda Jul 2006

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance ...


The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth Jul 2006

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

Boston College Law School Faculty Papers

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of ...


A Gravity Model Of Globalization, Democracy And Transnational Terrorism, S Brock Blomberg, B Peter Rosendorff May 2006

A Gravity Model Of Globalization, Democracy And Transnational Terrorism, S Brock Blomberg, B Peter Rosendorff

University of Southern California Legal Studies Working Paper Series

This paper provides an original study into how democratization and globalization influence transnational terrorism -- examining the motives of terrorists and how democratic institutions and international integration influence non-state economic actors. We employ a gravity model to investigate the relative importance of globalization and democratization on transnational terrorism and external conflict. We construct an original database of over 200,000 observations from 1968-2003 for 189 countries, to examine the extent to which economic, political and historical factors influence the likelihood of citizens from one country to engage in terrorist activities against another. We …nd that the advent of democratic institutions, high ...


Why Trade Law Needs A Theory Of Justice, Frank J. Garcia Jan 2006

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia Jan 2006

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.