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Full-Text Articles in Law

Exporting United States Tort Law: The Importance Of Authenticity, Necessity, And Learning From Our Mistakes, Victor E. Schwartz, Christopher E. Appel Jan 2012

Exporting United States Tort Law: The Importance Of Authenticity, Necessity, And Learning From Our Mistakes, Victor E. Schwartz, Christopher E. Appel

Pepperdine Law Review

No abstract provided.


The Impact Of U.S. Tort Law In Canada, Lewis N. Klar Jan 2012

The Impact Of U.S. Tort Law In Canada, Lewis N. Klar

Pepperdine Law Review

This paper briefly summarizes some of the reasons offered by Professor Peter Cane for the minimal impact that U.S. tort law has had on the tort law of Australia and New Zealand. It discusses this matter from the perspective of Canadian tort law. It suggests that, for a variety of reasons, Canada is in a unique position; it shares some of the same characteristics of the Commonwealth countries which discourage the adoption of U.S. tort law, but at the same time is exposed to countervailing factors which tend to bring Canadian and U.S. tort laws closer together. It illustrates this …


The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron Jan 2011

The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron

Articles, Book Chapters, & Popular Press

In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate …


Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart Jul 1987

Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart

Indiana Law Journal

No abstract provided.