Recent years have seen a rapid rise in the number of class actions, particularly securities class actions, directed against Australian companies. This is the result of a combination of disparate factors, including, but not limited to, fundamental shifts in the classical model of the company in...

The prevailing view in the law and economics literature is that preventing firms and consumers from contracting out of mandatory liability rules is optimal only if consumers are irrational or misperceive the risks of the products they buy. In this paper, I show that even if consumers do...

In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant...

The prevailing view in the law and economics literature is that preventing firms and consumers from contracting out of mandatory liability rules is optimal only if consumers are irrational or misperceive the risks of the products they buy. In this paper, I show that even if consumers do...

Class actions play an increasing role in Canadian health litigation, with more and more cases being brought forward to claim compensation for injuries caused by pharmaceutical drugs and other health products. However, the issues of causation these claims raise often create difficulties for...