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Articles 1 - 4 of 4
Full-Text Articles in Law
Restoring Equal Justice: Towards General Progressive Fee Shifting, Issachar Rosen-Zvi
Restoring Equal Justice: Towards General Progressive Fee Shifting, Issachar Rosen-Zvi
Issachar Rosen-Zvi
Equal justice in present-day America is a myth. Millions are essentially blocked from accessing the civil justice system. The central factor in this predicament is the fees charged by attorneys, whose prohibitive rates prevent more and more Americans from asserting their legal rights. In order to ensure equal justice, it is, therefore, essential that measures be devised to counteract the effect of attorney fees on access to civil justice for low- and average-income individuals, to enable them to engage in litigation on equal terms with the more well-to-do. While the civil justice system offers a variety of mechanisms designed to …
Remedies For Wrong Preliminary Injunctions: The Case For Disgorgement Of Profits, Ofer Grosskopf
Remedies For Wrong Preliminary Injunctions: The Case For Disgorgement Of Profits, Ofer Grosskopf
Ofer Grosskopf
The remedy available for those enjoined by a wrong preliminary injunction affects both the incentives of litigants to apply for preliminary injunctions and the scope of the irreparable social harms inflicted when a preliminary injunction is issued. This Article demonstrates that efficiency-based considerations yield the idea that the moving-party should be required to compensate the defendant for only part of the harms inflicted due to the wrong preliminary injunction. Moreover, these considerations support the use of the remedy of restitution, which requires the moving-party to disgorge the benefits obtained at the expense of the defendant by the wrong preliminary injunction. …
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson
Ira Steven Nathenson
Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …
Switzerland, Samuel P. Baumgartner
Switzerland, Samuel P. Baumgartner
Samuel P. Baumgartner
Switzerland has the traditional Austro-German representative association procedures. Debate on adoption of other models, given the opportunity of the introduction of a first federal Code of Civil Procedure, reveals considerable cautious conservatism toward reform.