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Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox
Common Challenges Facing Shareholder Suits In Europe And The United States, Randall Thomas, James D. Cox
Vanderbilt Law School Faculty Publications
Episodic and even sometimes systematic misbehavior by businessmen and corporate entities is ubiquitous. While Enron and WorldCom were the battle cries for corporate reform in the U.S. so it was with Ahold and Parmalat across Europe. No country is free of concern that company officers will misbehave thereby injuring investors, consumers and destroying shareholder value. Thus, this symposium issue collects the recent experiences across Europe in strengthening shareholder suits. Most recent legislative efforts in Europe, and hence the comments in the symposium, are focused on the derivative suit. Just as the American experience with class actions, reviewed separately in this …
The American Criminal Jury, Nancy J. King
The American Criminal Jury, Nancy J. King
Vanderbilt Law School Faculty Publications
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
A Statistical Profile Of Pharmaceutical Industry Liability, 1976-1989, W. Kip Viscusi, Michael J. Moore, James Albright
Vanderbilt Law School Faculty Publications
There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite pronounced, far beyond what even the most ardent proponent of liability reform may have expected. Recent research analyzing the specific effect of liability reforms on general liability insurance and medical malpractice insurance suggests that these measures did have a significant role in limiting liability costs. 18 Damage cap reforms appear to have been particularly influential. However, the effect on liability insurance costs is not as dramatic as …