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Statutory Interpretation, Judicial Discretion, and Equitable Defenses

Anenson, T. Leigh - 2019

The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...

Persistent link: https://www.econbiz.de/10014124059

Judicial Variation of CVA

Ho, Look Chan - 2008

A company voluntary arrangement ('CVA') under Part I of the Insolvency Act 1986 ('IA') is a statutory contract into which terms may be implied on ordinary contractual principles. Although some cases proclaim that the court has no power to vary the terms of a CVA or authorise a breach of the CVA...

Persistent link: https://www.econbiz.de/10014213115

European Union Law, Gambling, and Sport Betting - European Court of Justice, Member States Case Law, and Policy

Kaburakis, Anastasios - 2012

Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...

Persistent link: https://www.econbiz.de/10013113133

Of Artificial Intelligence and Patent Litigation

Tran, Jasper L. - 2021

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...

Persistent link: https://www.econbiz.de/10013314386

Finding Vredo (Pat. Pending) : The Dutch Supreme Court Decision on Escitalopram

Tsoutsanis, Alexander - 2014

This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

Persistent link: https://www.econbiz.de/10014144725

Judging Third-Party Funding

Sahani, Victoria - 2016

Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity — called a “third-party funder” — could be a bank, hedge fund, insurance company, or some other entity or individual that...

Persistent link: https://www.econbiz.de/10013006078

Confidence in the Judicial System and Court Experience : Evidence from Brazil

Sampaio, Joelson Oliveira; De-Losso, Rodrigo; Gross … - 2014

Although there is a literature that relates the determinants of confidence in the judicial system and utilization of … examine the causal relationship between confidence in the judicial system and utilization of the judiciary in Brazil. To … Janeiro, São Paulo and Distrito Federal. By examining how confidence in the judicial system affects the utilization of the …

Persistent link: https://www.econbiz.de/10014143760

The Supreme Court's Judgment in Miller : In Search of Constitutional Principle

Elliott, Mark - 2017

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

Persistent link: https://www.econbiz.de/10012958724

Bound by the BAP : The Stare Decisis Effects of BAP Decisions

Camp, Bryan - 2013

Persistent link: https://www.econbiz.de/10013076767

Introduction to Judging Equity : The Fusion of Unclean Hands in U.S. Law

Anenson, T. Leigh - 2018

This book analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to the contentious conversation about law – equity fusion in other countries of the...

Persistent link: https://www.econbiz.de/10012913437