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Crowning the New King : The Statutory Arbitrator and the Demise of Judicial Review

LeRoy, Michael H. - 2009

Judicial review of arbitration awards is highly deferential- but when does it become rubber stamping? Using original data, I find that federal courts vacated only 4.3 percent of 162 disputed awards. Nearly the same result was observed for a sub-sample of 44 employment discrimination awards under...

Persistent link: https://www.econbiz.de/10014213551

Global Standard Essential Patent Litigation : Anti-Suit and Anti-Anti-Suit Injunctions

Nikolic, Igor - 2022

The global litigation of standard essential patents (SEP) is taking a new turn with the jurisdictional battle between national courts. Some courts have started issuing anti-suit injunctions (ASI) to prohibit parallel litigation and consolidate the dispute at a single venue, while others have...

Persistent link: https://www.econbiz.de/10013298252

Good Faith's Procedure and Substance, in re Caremark International Inc., Derivative Litigation

Sale, Hillary A. - 2008

Good faith produces good procedures and good procedures produce good outcomes. These statements are descriptive of much of Delaware's corporate law as well as the Delaware courts' approach to fiduciary duties. In re Caremark International Inc., Derivative Litigation exemplifies this approach...

Persistent link: https://www.econbiz.de/10014218080

Arbitrator Behaviour in Asymmetrical Adjudication (Part Two) : An Examination of Hypotheses of Bias in Investment Treaty Arbitration

Van Harten, Gus - 2016

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Persistent link: https://www.econbiz.de/10013000492

Transnational Litigation and Global Securities Class Actions

Choi, Stephen J.; Silberman, Linda - 2009

Courts apply a number of doctrines, including the conduct and effects test, in determining how far to extend jurisdiction in securities class actions involving transnational securities fraud. Courts often focus on whether foreign jurisdictions will recognize a U.S. class action judgment and the...

Persistent link: https://www.econbiz.de/10014211374

Guns and Speech Technologies : How the Right to Bear Arms Affects Copyright Regulations of Speech Technologies

Lee, Edward - 2012

This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court...

Persistent link: https://www.econbiz.de/10014216805

Mergers, Acquisitions and Restructuring : Types, Regulation, and Patterns of Practice

Coates, IV, John C. - 2014

An important component of corporate governance is the regulation of significant transactions – mergers, acquisitions …, and industry-specific regulation. Drawing on real-world examples from the world's two largest M&A markets (the US and the …&A regulation are summarized – to (1) clarify authority, (2) reduce costs, (3) constrain conflicts of interest, (4) protect …

Persistent link: https://www.econbiz.de/10013051345

The Globalization of Entrepreneurial Litigation : Law, Culture, and Incentives

Coffee, John C. - 2017

Entrepreneurial litigation is litigation in which the plaintiff's attorney functions as a risk-taking entrepreneur, financing, organizing, managing, and settling the litigation on behalf of numerous clients (who generally hold “negative value” claims), but with only modest oversight from the...

Persistent link: https://www.econbiz.de/10012967715

Global Settlements : Promise and Peril

Coffee, John C. - 2020

In 2010, Morrison v. National Australia Bank Ltd. destabilized the world of securities litigation by denying those who purchased their securities outside the U.S. the ability to sue in the U.S. (as they had previously often done). Nature, however abhors a vacuum, and practitioners and other...

Persistent link: https://www.econbiz.de/10012849595

Rethinking Corporate Human Rights Accountability

Quinn, Pammela - 2016

The standard account of corporate human rights accountability assumes that corporate entities, rather than individual corporate officers or employees, are the optimal targets of regulatory litigation. This assumption has led human rights advocates to despair over recent court decisions that make...

Persistent link: https://www.econbiz.de/10014145857