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Around the turn of this century, a "highly-charged" debate erupted over unpublished federal appellate court opinions. Some argued that the common prohibition against citation to those opinions posed no constitutional problems, while others argued that no-citation rules improperly eliminated a...
Persistent link: https://www.econbiz.de/10013005008
Enforcement actions (or sanctions) pursue two complementary goals, namely to penalize guilty companies and to provide an example to other companies that bad behaviour will be penalized. Although the recent financial crisis showed that this topic is critical in banking, only a few papers (e.g....
Persistent link: https://www.econbiz.de/10013005050
Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This...
Persistent link: https://www.econbiz.de/10013005090
Current U.S. law treats foreign tax judgments differently than other foreign civil judgments, prohibiting U.S. courts from recognizing and enforcing the former, even though they recognize and enforce the latter. In this article, Brunson argues that there is no compelling reason for this...
Persistent link: https://www.econbiz.de/10013005223
The recent US Supreme Court decision in American Express v. Italian Colors Restaurant threatens to gut private antitrust enforcement in the United States by replacing it with ineffective forms of arbitration. The Court's logic that the right to pursue a claim does not include a right to prove it...
Persistent link: https://www.econbiz.de/10013005333
With more than 11 million unlawfully present immigrants living in the United States in 2014, a recent surge of migrants from violence-stricken countries, and a painfully slow economic recovery, states are rightfully concerned about the impact on their economy, culture and communities. In most...
Persistent link: https://www.econbiz.de/10013005405
virtually unexplored costs of the EU's IAS regulation. They raise concerns about potentially restrictive costs of applying and …
Persistent link: https://www.econbiz.de/10013005594
remedies over behavioural ones under Article 7 of Regulation 1/2003. This paper sets out to contribute to the clarification of … Regulation and on the basis of the finally adopted text that seemingly professes the impression of a priority of behavioural … remedies over structural ones, a content preserving reformulation of Article 7 of Regulation 1/2003 is proposed …
Persistent link: https://www.econbiz.de/10013006271
the enforcement debate is provided. Taking a cue from the scholarship on responsive regulation and the concept of … approach to regulation …
Persistent link: https://www.econbiz.de/10013006359
We examine the interplay between social norms and the enforcement of laws. Agents choose a behavior (e.g., tax evasion, production of low-quality products, corruption, harassing behavior, substance abuse, etc.) and then are randomly matched with another agent. There are complementarities in...
Persistent link: https://www.econbiz.de/10013006398