This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...

The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused...

Should managers be liable for ill-conceived business decisions? One answer is given by U.S. courts, which almost never hold managers liable for their mistakes. In this paper, we address the question in a theoretical model of delegated decision making. We find that courts should indeed be lenient...

The firm can be seen as a centralization of market transactions and as a decentralization of a public ordering which allows the management of joint liabilities. The paper advances the view that the main reason for the firm’s existence is the unification and the internalization of liabilities....

Veil-piercing is an equitable remedy. This simple insight has been lost over time. What started as a means for corporate creditors to reach into the personal assets of a shareholder has devolved into a doctrinal black hole. Courts apply an expansive list of amorphous factors, attenuated from the...

The European Court of Justice (ECJ) has in several cases, most recently in Akzo Nobel (Case C-97/08) and General Química (Case C-90/09), held parent companies liable for competition law infringements of their subsidiaries. This practice is widely criticized by scholars and practitioners. The...

In this article, the authors analyse the Dutch Collective Settlement of Mass Damage Act (WCAM 2005) in light of the European developments concerning collective redress. Both the strong and weak points of the WCAM 2005 are discussed

Subject of the Article is the interesting judgment of the Czech Supreme Administrative Court as of 20 May 2010 dealing with the interpretation of international treaties on social security. The judgment is remarkable for the scope of resources of international (or Community) origin of which it...

This essay, prepared for a book on the effect of regulatory, liability, and litigation inefficiencies on the global competitive position of the U.S., focuses on the role of the US federal system. We show that, although multiple US states offer significant potential for jurisdictional choice to...

Our chapter concerns how legal process can lead to efficient policies for fostering innovation and growth. Future innovation will depend at least as much on how laws are made as on a priori analyses of the optimal content of those laws. Of particular importance is whether U.S. choice of law and...