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The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure that would be used in state court. Displacing the state procedure with the federal procedure (or not) may impact the substantive...
Persistent link: https://www.econbiz.de/10013090742
example of a pre-Bankruptcy Code resolution of a mass tort through an insolvency scheme. The Comment agrees with McKenzie …
Persistent link: https://www.econbiz.de/10013013945
In many countries, labor courts play a central role in the determination of firing costs by monitoring and supervising the procedures for dismissals, and, eventually, deciding severance payments mandated by the employment protection legislation (EPL). To get some insights about the impact of...
Persistent link: https://www.econbiz.de/10012242138
The COVID-19 crisis, declared as a pandemic by the Director General of WHO on 11.03.2020, in addition to having a significant and highly disastrous impact on the lives of people world over, has had and will continue to have an apparent and heavy influence on all industries, globally. Even in the...
Persistent link: https://www.econbiz.de/10014032098
Employment tribunals or labor courts are responsible for enforcing employment protection legislation and adjudicating rights-based disputes between employers and employees. Claim numbers are high and, in Great Britain, have been rising, affecting both administrative costs and economic...
Persistent link: https://www.econbiz.de/10011665001
unemployment, even after controlling for the endogeneity of court activity. The results have potentially important policy …
Persistent link: https://www.econbiz.de/10012779784
This paper, using the methods of literature analysis, theoretically inductive analysis, as well as cross-disciplinary approach, analyses the present conditions and problems of the application of ADR in specific areas in China, such as in the protection of consumers' rights and interests, the...
Persistent link: https://www.econbiz.de/10014174857
In this contribution we set out to answer the question whether a transnational response to relieve the need of victims of transnational environmental pollution is required, and if so, what response would be in order. The first part of the question should be answered with a firm “yes.” It is...
Persistent link: https://www.econbiz.de/10014044097
Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...
Persistent link: https://www.econbiz.de/10014102337
This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23's safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs' lawyers...
Persistent link: https://www.econbiz.de/10013037441