Legal systems: civil procedure, litigation and dispute resolution Books

Book SynopsisThe European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a ''promoter'' of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: ''vertically'', through the regulations on international judicial cooperation, for example the European Account Preservation Order; and ''horizontally'', through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU.The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.Table of ContentsIntroduction (p. 1) I. Methodological Approaches. Inital Remarks on the Methodological Approaches to Procedural Harmonisation (p. 7) Procedural Harmonisation by the European Court of Justice: Procedural Autonomy and the Member States' Perspective (p. 17) Constitutionalisation of European Civil Procedure as a Starting Point for Harmonisation? (p. 69) Have the EU Regulations on Judicial Cooperation Fostered Harmonisation of National Procedures? (p. 89) II. The Current Situation: Vertical and Horizontal Harmonisation. Harmonisation of the Rules on Protective Measures? The European Account Preservation Order (p. 111) Harmonising Access to Information and Evidence: The Directives on Intellectual Property and Competition Damages (p. 123) Harmonisation of Confidential Information Protection in Legal Proceedings: The Trade Secrets Directive (p. 161) Procedural Harmonisation and Private Enforcement in the GDPR (p. 173) III. Current Initiatives for Further Harmonisation. The ELI/UNIDROIT Project: A General Introduction (p. 197) The ELI/UNIDROIT European Rules of Civil Procedure: Access to Information and Evidence (p. 205) Harmonisation of the Rules on Judgments and Appeals in Europe: A Few Remarks from the Inside (p. 223) The 2017 Directive Proposal on Common Minimum Standards of Civil Procedure in the Euroepan Union (p. 239) The 2017 Proposal of the European Parliament on Common Minimum Standards of Civil Procedure (p. 265) A Final Comment on the Future Evolution of Civil Procedure in Europe (p. 285)

Read more less

Book SynopsisIn recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'.Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much.This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally.Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. VoetTrade Review'Class Actions in Context is a penetrating analysis of class and group actions worldwide. A group of international scholars brings to bear legal, economic, and political analyses of this evolving judicial remedy. It explores various substantive claims ranging from consumer protection to securities litigation. Drawing on case studies of practice as well as legal analysis, it demonstrates the importance of factors running from litigation finance to background cultural traditions. It is worth study in every legal system.' --Geoffrey C. Hazard, University of California College of the Law, San Francisco, USTable of ContentsContents: PART I INTRODUCTION 1. The Global Landscape of Collective Litigation Deborah R. Hensler PART II CULTURE 2. The Culture of Collective Litigation: A Comparative Analysis Byron Stier and Ianika Tzankova 3. Smoke Signals from the South: The Unanticipated Effects of an ‘Unsuccesful’ Litigation on Brazil’s Anti-Tobacco Wars Manuel A. Gómez 4. Using Associations as a Vehicle for Class Action: The Case of Taiwan Kuo-Chang Huang 5. The Promise and Peril of Media and Culture: The Toyota Unintended Acceleration Litigation and the Gulf Coast Claims Facility in the United States Byron Stier 6. Collective Redress in Vie d’Or: A Reflection on a European Cultural Phenomenon Ianika Tzankova PART III ECONOMICS 7. Economic Enablers Camille Cameron, Jasminka Kalajdzic and Alon Klement 8. A Class Action ‘Mash-Up’: In Re Royal Dutch/Shell Transport Securities Litigation Deborah R. Hensler 9. Litigation as ‘Core Business’: Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in Australia Camille Cameron 10. The Class Attorney – An Agent Without a Principle: The Israeli Case of Shemesh V. Reichart Alon Klement 11. The Engine that Drives: Fees, Costs and the Canadian Class Action Jasminka Kalajdzic PART IV POLITICS 12. The Public Dimension of Private Collective Litigation: A Comparative Analysis Deborah R. Hensler and Elizabeth Thornburg 13. Litigation Without End? The Deutsche Telekom Case and the German Approach to Private Enforcement of Securities Law Axel Halfmeier 14. The L&H Case: Belgium’s Internet Bubble Story Stefaan Voet 15. Parallel Public and Private Responses: The Buncefield Explosion Naomi Creutzfeldt and Christopher Hodges 16. Public as Private and Private as Public: MTBE Litigation in the United States Elizabeth Thornburg 17. Self-Interested Gatekeeping? Clashes Between Public and Private Enforcers in two Chilean Class Actions Agustin Barroilhet PART V CONCLUSION 18. Class Action in Context Deborah R. Hensler Index

Read more less

Book Synopsis'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'- Tom Ginsburg, University of Chicago Law School, US'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.'- Jean Ho, National University of Singapore'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.'- J. Mark Ramseyer, Harvard Law School, USLegal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. ZangTrade Review'If any publisher can be depended upon to produce books chock full of ground-breaking research on issues pertaining to global law it must be Edward Elgar Publishing. International lawyers, scholars and academics seeking to extend their understanding of key legal systems in the Asia-Pacific region, for example, will therefore applaud this recently published title on 'Legal Innovations in Asia.'. . . Much is revealed in this fascinating volume and much can be learned from the variety of information and insightful commentary it contains, especially considering the evolutionary - and revolutionary - changes that have taken place, notably in Japan and China over the past half century since the Asian Law Centre was founded. Researchers, scholars and international lawyers seeking further insights into legal developments in Asia should certainly acquire this book.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Since at least 1980 American universities have taken the lead in publishing articles and books on Asian law in English. This book provides a worthwhile addition to that body of publications.' --i>Lawasia JournalTable of ContentsContents: Preface Introduction John O. Haley and Toshiko Takenaka PART 1: ASIAN LAW CENTER – THE FIRST HALF CENTURY 1. The First Decades, 1961-2000 John O. Haley 2. Navigating Law’s Asian Century Veronica L. Taylor 3. The Asian Law Center: An Evolution Jon Eddy PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS 4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of Japan Harald Baum PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA 5. Judicial Law-making and the Creation of Legal Norms in Japan: A Dialogue John O. Haley and Daniel H. Foote 6. The Supreme Court of Japan and Online Pharmacies Shigenori Matsui 7. Civil Procedure and Anti-modern Myths in “Harmonious Society”: China and Prewar Japan Compared Dongsheng Zang 8. Judicial Activism in China Vai Io Lo 9. The Role of Courts in “Making” Islamic Law: South and Southeast Asia Clark B. Lombardi 10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese Law Ryuichi Yamakawa 11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants? Kyoko Ishida PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA 12. The Influence of Japanese Law on Taiwan Law Tay-Sheng Wang 13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative Essay Kon Sik Kim 14. Judicial Innovation in Chinese Corporate Law Donald Clarke 15. The Influence of US and Japanese Laws upon Indonesian Law Kurnia Toha PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY 16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan’s Patent Term Extension Reform Toshiko Takenaka 17. Ethics Rather than Rights: Reconsidering “Transmit Rather than Create”: Toward a New Understanding of Korea’s Intellectual Property Rights Tradition Hyung Doo Nam 18. What are the Challenges Awaiting the Thai Government if the Bayh-Dole Act is Adopted in Thailand? Orakanoke Phanraska 19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential Medicines Tomi Suryo Utomo Index

Read more less

Book SynopsisTrademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression.Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice.Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.Trade Review'This timely monograph not only shows the need to adapt trademark law and enforcement to social media and the ever-evolving digital environment, but also why the existing legal regime fails to offer trademarked logos adequate protection. Refreshing, provocative and passionately argued, the book will be of interest to anybody interested in intellectual property law and policy and the interplay of law and technology.' --Peter K. Yu, Drake University Law School, US'Friedmann has produced an innovative and thought-provoking monograph which defies conventional wisdom and accepted norms. Friedmann's innovative perspective on managing the challenges between trademark holders, online service providers and internet users is built upon his thorough analysis of the legal landscape and technology-related trends. What makes this research so unique and intellectually stimulating is the standard Friedmann dares to set for a solution - a paradigm shift for the trademark logo, with automatic and scalable enforcement and strict liability for online service providers.' --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction PART I STAGE, PROTAGONISTS AND LEGAL CONFLICT 2. Stage of the Legal Conflict 3. Protagonists of the Legal Conflict 4. Analysis of the Legal Conflict PART II INADEQUACY OF THE LAW 5. Trademark Infringement and its Defences 6. Trademark Dilution and its Defences 7. Intermediary Liability PART III PARADIGM CHANGE 8. Moral Right of Integrity 9. Implementation of a Paradigm Shift 10. Conclusions Bibliography Index

Read more less

Book SynopsisThe Litigation Handbook is a practical guide to taking a dispute through the courts of England and Wales with a specific focus on the Business and Property Courts from the pre-action stage to resolution, either by trial or settlement using an alternative dispute resolution method.

Read more less

Book SynopsisWritten by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China. This Handbook will be an invaluable resource on this important topic for scholars of corporate law, practitioners, judges and legislators.Contributors include: D. Awrey, A. Badawi, R.A. Booth, E.A. Chiappinelli, S.J. Choi, B. Clarke, J.C. Coffee, Jr., J.D. Cox, J. Erikcson, J.J. Fedechko, J.E. Fisch, J.L. Gale, M. Gargantini, M. Gelter, S. Griffith, L.A. Hamermesh, S. Hannes, E. Kamar, C.R. Korsmo, J.T. Laster, A.M. Lipton, M. Myers, J.J. Park, A.C. Pritchard, P. Puri, A. Rickey, R. Ronnen, A.M. Rose, C. Silver, S.D. Solomon, R.S. Thomas, D. Webber, V. Winship, M. Wischmeier Shaner, C. XiTable of ContentsContents: Part I Securities Class Actions 1. The Development of Securities Litigation as a Lawmaking Partnership Jill E. Fisch 2. Securities Class Actions and Severe Frauds James J. Park 3. The Shifting Raison d’être of the Rule 10b-5 Private Right of Action Amanda Marie Rose, Part II Shareholder Derivative Suits 4. The (Un)Changing Derivative Suit Jessica Erickson 5. Claim Character and Class Conflict in Securities Litigation Richard A. Booth 6. Illegality and the Business Judgment Rule Charles R. Korsmo Part III Merger Litigation a. Managing Multijurisdictional Litigation 7. Fighting Frivolous Litigation in a Multijurisdictional World Adam Badawi 8. Addressing the “Baseless” Shareholder Suit: Mechanisms and Consequences James D. Cox 9. Who Collects the Deal Tax, Where, and What Delaware Can Do About It Sean J. Griffith and Anthony Rickey 10. Forum Shopping in the Bargain Aisle: Wal-Mart and the Role of Adequacy of Representation in Shareholder Litigation Lawrence A. Hamermesh and Jacob J. Fedechko 11. Limiting Litigation Through Corporate Governance Documents Ann M. Lipton b. Judicial Perspectives on Shareholder Litigation 12. Disclosure Settlements in the State Courts Post-Trulia: Practical Considerations James L. Gale 13. Changing Attitudes: The Stark Results of Thirty Years of Evolution in Delaware M&A Litigation J. Travis Laster 14. Appraisal Rights in Complete Tender Offers in Israel—A Look into Israeli Case-law Ruth Ronnen c. Appraisal Actions 15. Recent Developments in Stockholder Appraisal Charles R. Korsmo and Minor Myers 16. Appraisal as Representative Litigation Minor Myers Part IV Litigants and Lawfirms a. Plaintiffs and Lawfirms 17. Lead Plaintiffs and Their Lawyers: Mission Accomplished, or More to Be Done? Stephen J. Choi and A.C. Pritchard 18. The Mimic-the-Market Method of Regulating Common Fund Fee Awards: A Status Report on Securities Fraud Class Actions Charles Silver 19. What Do We Know About Law Firm Quality In M&A Litigation? Steven Davidoff Solomon and Randall S. Thomas b. Officers and Directors 20. Jurisdiction Over Directors and Officers in Delaware Eric A. Chiappinelli 21. Stockholder Litigation, Fiduciary Duties, and the Officer Dilemma Megan Wischmeier Shaner Part V Comparative and International Shareholder Litigation a. The Globalization of Shareholder Litigation 22. The Globalization of Entrepreneurial Litigation: Law, Culture, and Incentives John C. Coffee, Jr. 23. The Teva Case: A Tale of a Race to the Bottom in Global Securities Regulation Sharon Hannes and Ehud Kamar b. Comparative Shareholder Litigation 24. A Transatlantic Perspective on Shareholder Litigation in Public Takeovers Dan Awrey and Blanaid Clarke 25. Private Ordering of Shareholder Litigation in the EU and the US Matteo Gargantini and Verity Winship 26. Mapping Types of Shareholder Lawsuits across Jurisdictions Martin Gelter 27. Securities Class Actions in Canada: 10 Years Later Poonam Puri c. Other Modes of Enforcement 28. CSRC Enforcement of Securities Laws: Preliminary Empirical Findings Chao Xi Index

Read more less

Book SynopsisKey takeaways: •Learn new e-discovery techniques and stay competitive. •Offer clients and customers real service in tackling difficult problems. •Cut-through the overwhelming amount of data. •Give regulators and judicial decision-makers exactly what they want. The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts. Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations. Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice. Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis. A must-have addition to the seasoned practitioner’s library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.Table of ContentsPreface 5 Jeanne Somma Lineal Services Introduction 7 Mark Surguy Weightmans LLP Evolving technology and predicting the future 9 Mayank Sharma ProSearch; E-discovery evangelist, enthusiast, expert Outsourcing document review 17 Philip Algieri KPMG LLP Robert Coppola QuisLex, Inc Data transfer: storage, accessibility, retrieval 35 Martin Bonney Panoram Mark A Simpson Deloitte Professional conduct 65 Mark Surguy Weightmans LLP Virtual hearings 91 Stephen Dowling TrialView Australia 103 Kelly Douglas Lifeline Australia Anne Freeman Lisa Nguyen Piper Alderman Canada 113 Candice Chan-Glasgow Heuristica Discovery Counsel Gideon Christian Faculty of Law, University of Calgary Ilan Tsekhman ivari Insurance France 131 Emmanuel Schulte Ginestié Magellan Paley-Vincent (Paris) Germany 145 Markus Bauer Rittershaus India 161 Rahul Narayanan Dua Associates Ireland 171 Karyn Harty Megan Hooper McCann FitzGerald Italy 191 Claudio Cocuzza Giacomo Gori Cocuzza & Associati Japan 203 Yoshihisa Hayakawa Rikkyo University; Uryu & Itoga Kenya 209 Victoria M Mbithi KTK Advocates Singapore 215 Edmund Kronenburg Tang Kai Qing Braddell Brothers LLP United Kingdom 223 Johnny Shearman Signature Litigation LLP Tracey Stretton FTI Consulting Mark Surguy Weightmans LLP United States 255 Parker Burns Christopher Trowbridge Bell Nunnally & Martin LLP Jorge A Mestre Rivero Mestre LLP Uruguay 273 Agustina Silva Guarini Alfredo Taullard Hughes & Hughes About the authors 281 About Globe Law and Business 293

Read more less

Book SynopsisWritten by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.Trade Review'With the recent adoption of the EU Directive on collective redress, a study on the respective rules in the European Rules of Civil Procedure proposed by UNDROIT and ELI is most welcome. These rules are intended to serve as a model for national legislatures, precisely what is needed now in order to implement the new directive. The editors assembled a team of leading academics and practitioners from around the globe. The book is well-organized and not only provides a succinct commentary on the ERCP rules on collective redress, but goes beyond that by contributing to a truly in-depth understanding of the subject of collective redress in general.' -- Georg Kodek, Vienna University of Economics and Business, Austria'The concept of developing model rules for a European Civil Procedure Code has, as its zenith, the topic of collective redress, given the longstanding variances of legal attitude, culture, substantive law, and procedural rules across the EU member states on this intricate topic. This ambitious work, via its various contributors, makes an important and thoughtful contribution to the collective redress journey, by drawing out the differences, and commonalities, that inform the essential ability of any legal system to enable access to justice for those who could not otherwise afford it.' -- Professor Rachael Mulheron, Queen Mary University of London, UK'A specifically European model of collective redress is taking shape. Its progressive construction owes much to lessons learned from across the Atlantic, so that its design can be seen in many ways as a response to what was long seen as American exceptionalism. As Europe opens up to aggregate litigation and the emergence of "the statistical victim" (famously so-termed by Sheila Jasanoff), the analyses provided in this book will serve usefully to navigate the complex procedural issues that accompany the transplant.' -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: 1. General introduction Astrid Stadler, Emmanuel Jeuland and Vincent Smith 2. The concept of ‘party’ Emmanuel Jeuland 3. Joinder, consolidation and group claims Vincent Smith 4. Change of parties: representation, substitution, assignment Emmanuel Jeuland 5. Introduction: collective redress Astrid Stadler, Emmanuel Jeuland and Vincent Smith 6. Type of claim, structure and certification of collective proceedings Astrid Stadler 7. Legal standing in collective redress Ianika Tzankova 8. Case management and the role of the judge Magne Strandberg and Vincent Smith 9. Evidence in collective redress proceedings under the ERCP Fernando Gascón Inchausti 10. Calculating compensation in collective redress claims Nils von Hinten-Reed 11. Collective settlements Astrid Stadler 12. Costs and funding of collective redress proceedings Stefaan Voet 13. Cross-border issues Michael Stürner 14. ERCP collective redress and the wider world Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr. Index

Read more less

Book SynopsisThis insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.Trade Review‘The diverse chapters, the multi-disciplinary approach, and the conceptual introductory chapter together as well as separately offer a rich and inspiring read.’ -- Jouke Tegelaar, Common Market Law Review‘As a practitioner, frustrated by the (often) reactive and inefficient approach of our financial regulators, the contribution of the authors of this book is both welcome and thought-provoking.’ -- Chloë Bell, EU Law LiveTable of ContentsContents: Olha O. Cherednychenko and Mads Andenas: Preface PART I A GENERAL FRAMEWORK 1. Olha O. Cherednychenko: Financial Regulation and Civil Liability in European Law: Towards a More Coordinated Approach? 2. Takis Tridimas: Financial Regulation and Civil Liability: An EU Law Perspective 3. Yane Svetiev: Experimentalism and Civil Liability in Financial Product Regulation: Friends or Foes? 4. Michael G. Faure & Franziska Weber: The Optimal Enforcement Mix in the Financial Sector – A Law and Economics Perspective PART II CIVIL LIABILITY IN THE FIELDS OF PAYMENTS AND CREDIT 5. Agnieszka Janszuk-Gorywoda: Enforcing Smart: Exploiting Complementarity of Public and Private Enforcement in the Payment Services Directive 2 (PSD2) 6. Reinhard Steennot: Public and Private Enforcement of Consumer and Mortgage Credit Law PART III CIVIL LIABILITY IN THE SECURITIES FIELD 7. Federico Della Negra: The Regulatory Design and Goals of Civil Liability in EU Securities Regulation after the Global Financial Crisis: Trends and Perspectives 8. Chiara Picciau: The Civil Liability of Credit Rating Agencies to Investors in the EU 9. Francesco De Pascalis: Public Enforcement and the Civil Liability Regime in the European Regulation of Credit Rating Agencies: A Quest for Interplay 10. Marnix W. Wallinga: MiFID I & MiFID II and Private Law: Towards a European Principle of Civil Liability? 11. Antonio Marcacci: Public and Private Enforcement in the Investor Protection Field in the US and the EU: What Kind of Interplay for Europe? PART IV CIVIL LIABILITY OF FINANCIAL REGULATORS AND ADR ENTITIES 12. Elena Sedano Varo: Technical Standards and CoCo Bonds: A New Avenue for Civil Liability 13. Barbara Warwas: The Privatisation of Consumer Disputes in the EU Financial Sector and the Future of Institutional Arbitral Liability Index

Read more less

Book SynopsisOffering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters.This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration. Trade Review‘This collective endeavour is a welcome tool for practitioners and others who need, or simply wish, to uncover intricacies of the cross-border aspects of the civil procedure, access information about (primarily) the Court’s case-law and learn about identified (and some resolved) difficulties. Last but not least, this book constitutes, to my knowledge, the most up-to-date commentary on the Brussels I Bis Regulation edited in English.’ -- Magdalena Licková, EU Law Live‘This is undoubtedly the most complete and up-to-date commentary on the Brussels I bis Regulation, written by experts in the field, whose command is evident in the way in which the core rules of the law of European Civil Procedure are analysed. With solid theoretical foundations and an exhaustive analysis of the case law of the Court of Justice of the European Union and national courts, it clearly and effectively explains how the system works in its various dimensions (international jurisdiction, parallel proceedings, recognition and enforcement of decisions) and offers solutions to the practical problems that legal practitioners may encounter. A work of the highest quality and, above all, of the greatest utility.’ -- Fernando Gascón Inchausti, Universidad Complutense de Madrid, Spain‘This book is an absolutely essential source for anyone working with Brussels I bis and European procedural law, whether practitioner, judge, or academic. This multi-authored commentary makes use of a pan-European range of experts with diverse professional backgrounds and exposures to different legal cultures and traditions. The editor and authors, all with expertise in comparative procedural law and private international law, reflect a sensitivity to the need to situate each Article within the development of a European procedural law. The lengthy Introduction is particularly helpful as a reference tool for the evolution of Brussels I bis, even including Brexit. The book is an invaluable resource not only for Brussels regime novices but also for scholars of European procedural law due to the inclusion of case law of the CJEU/ECJ as well as a breadth of national law that enriches each chapter and deepens our understanding.’ -- Louise Ellen Teitz, Roger Williams University, US‘The go-to commentary for anyone – academics and practitioners alike – interested in the European law of transnational litigation regarding civil and commercial matters from a truly European perspective!’ -- Franco Ferrari, New York University School of Law, USTable of ContentsContents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rvekülg Article 11 205 Inga J.rvekülg Article 12 211 Inga J.rvekülg Article 13 214 Inga J.rvekülg Article 14 223 Inga J.rvekülg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Crístian Oró Martínez Article 21 304 Crístian Oró Martínez Article 22 315 Crístian Oró Martínez Article 23 318 Crístian Oró Martínez SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel SECTION 9 LIS PENDENS – RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santaló Gorís CHAPTER III RECOGNITION AND ENFORCEMENT SECTION 1 RECOGNITION Article 36 548 Wiebke Voß Article 37 562 Wiebke Voß Article 38 569 Wiebke Voß SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Subsection 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Subsection 2 Refusal of Enforcement Article 46 680 Enrique Vallines García Article 47 686 Enrique Vallines García Article 48 695 Enrique Vallines García Article 49 699 Enrique Vallines García Article 50 704 Enrique Vallines García Article 51 708 Enrique Vallines García SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines García Article 53 724 Enrique Vallines García Article 54 735 Enrique Vallines García Article 55 744 Enrique Vallines García Article 56 756 Enrique Vallines García Article 57 758 Enrique Vallines García CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro Appendix 1: Annexes and Recitals 887 Index 898

Read more less

Book SynopsisThe Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features: A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.Trade Review‘This work is a formidable review of the core jurisdictional rules for commercial litigation in the EU. Complemented with key national implementation (and acutely observed uncertainties), this volume offers both a clear overview for those new to the field, and much detail for those diving deeper. It is a remarkable achievement by its reputable authors.’ -- Geert van Calster, KU Leuven, Belgium‘The merit of this book lies in its systematic and accessible review of the extensive European case law and literature spanning more than 50 years. The presentation is comprehensive, in-depth and critically reflected. The authors are recognized experts in international civil procedure. They have created a standard work that is indispensable for academics and practitioners alike.’ -- Katharina Boele-Woelki, Bucerius Law School, GermanyTable of ContentsContents: Preface Foreword 1. SCOPE OF APPLICATION, DEFINITIONS AND THE GENERAL RULE 2. SPECIAL JURISDICTION – ARTICLES 7–9 3. RULES ON JURISDICTION IN WEAKER PARTY DISPUTES 4. EXCLUSIVE JURISDICTION – ARTICLE 24 5. PROROGATION OF JURISDICTION – ARTICLES 25 AND 26 6. COMMON PROVISIONS – ARTICLES 27–35 7. RECOGNITION AND ENFORCEMENT 8. RELATION WITH OTHER INSTRUMENTS AND FINAL PROVISIONS Index

Read more less

Book SynopsisThis second edition of Mis-Selling Financial Services is a practical guide to litigating claims arising from the mis-sale of financial products and services. It covers the history of 'mis-selling' litigation and provides an updated overview of the regulatory landscape and how such claims are formulated, as well as a thorough review of the key issues. The revised chapters give an in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes.Key Features: Updated with new chapters on Financial Ombudsman Service (FOS) and unfair terms Explanation of the key issues and considerations concerning mis-selling litigation Clear and concise analysis on the law relating to the mis-selling of regulated financial services products Overview of the UK and European regulatory framework governing the sale of financial products, with particular focus on five key product types: credit, mortgages, investments, insurance and collective investment schemes With consideration of key legal and practical concepts and issues, this book is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text.Table of ContentsContents: 1. Introduction 2. Mis-selling claims 3. Credit 4. Mortgages 5. Insurance 6. Investments 7. Collective investment schemes 8. Unfair contract terms 9. The Financial Ombudsman Service Index

Read more less

Book SynopsisAnswering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.Trade Review‘Climate change litigation is a growing field not only in practice, but also in scholarship. This book is a welcome contribution to this growing field. It carefully considers climate change litigation through the lens of international climate change law, principles of environmental law and human rights. It provides the reader with an extensive analysis of relevant case law from an extensive number of jurisdictions. The book is highly recommended for those already working in climate change litigation, but also for professionals, researchers and students who wish to learn more about how the law, and the judiciary in particular, can contribute positively to dealing with the climate change challenge before us.’ -- Francesco Sindico, University of Strathclyde, UK‘Climate in Court is a compelling read on the judicialization of climate, one of the most fascinating recent developments in the difficult process of global action on climate change. Pau de Vilchez Moragues does an excellent job illuminating claims brought by citizens and NGOs against States for their failure to adequately address climate change.’ -- Joana Setzer, London School of Economics and Political Science, UK‘Within the now substantial literature on climate litigation, the study by Dr de Vilchez Moragues is one of the rare single-authored book-length examinations of the overall phenomenon. The legal tapestry proposed by the author reveals common threads and features in what, too often, is presented elsewhere in descriptive jurisdiction-by-jurisdiction accounts.’ -- Jorge E. Viñuales, University of Cambridge, UK‘In this excellent book, the author analyses litigation against the State before the national courts for not taking adequate measures against climate change. Showing an outstanding balance between social commitment and academic rigour, it is argued that intertwined court decisions can help confirm the international obligation to reduce greenhouse gas emissions and promote compliance.’ -- Antoni Pigrau, Rovira i Virgili University, Spain‘Climate in Court offers a detailed and insightful overview of twenty cases brought against states for their failure to take adequate measures to address climate change. Analysing them from multiple angles, the author masterfully synthesises their commonalities to draw important conclusions for the study and practice of climate litigation. The book offers enlightening insights into the role that environmental principles play in domestic courts and brilliantly addresses the topical question of the relationship between human rights and climate change. Thanks to its combination of theoretical and practical insights, it will be of great interest to environmental legal scholars as well climate activists.’ -- Leslie-Anne Duvic-Paoli, Kings College London, UKTable of ContentsContents: Introduction: Unweaving the (legal) tapestry of domestic climate litigation PART I DOMESTIC CLIMATE LITIGATION:EVOLUTION,RECENT CASES AND COMMON CHALLENGE 1. Evolution of climate change case law 2. Three common challenges CONCLUSION TO PART I PART II THE LEGAL GROUNDS 3. The international legal framework on climate change 4. Principles of environmental law 5. Human rights 6. Concluding remarks Index

Read more less

Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.Key Features: Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, USTable of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671

Read more less

Book SynopsisThis book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.Trade Review‘This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges.’ -- Alan Uzelec, Zagreb University, Croatia‘Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AI’s potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study.’ -- John Sorabji, University College London, UK‘Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives – from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact.’ -- Judith Resnik, Yale Law School, USTable of ContentsContents: Preface xii 1 Frontiers in civil justice – privatising, digitising and funding justice 1 Xandra Kramer, Jos Hoevenaars and Erlis Themeli PART I ADR AND THE COURTS – SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE 2 The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU 22 Betül Kas 3 Formal and informal justice in Belgium 40 Stefaan Voet 4 Formulating a more principled approach to ADR within the English civil justice system 61 Masood Ahmed 5 Alternative dispute resolution, justice and accountability in Norwegian civil justice 81 Anna Nylund PART II DIGITSING PRIVATE AND PUBLIC JUSTICE 6 The frontiers of digital justice in Europe 102 Erlis Themeli 7 AI and access to justice: An expansion of Adrian Zuckerman’s findings 121 Nicolas Kyriakides, Anna Plevri and Yomna Zentani 8 Automating due process – the promise and challenges of AI-based techniques in consumer online dispute resolution 142 Martin Ebers 9 E-negotiation in the EU: Current experiences, challenges, and new scenarios 169 Marco Giacalone and Seyedeh Sajedeh Salehi 10 Unpacking content moderation: The rise of social media platforms as online civil courts 193 Catalina Goanta and Pietro Ortolani 11 Access to digital justice: In search of an effective remedy for removing unlawful online content 218 Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual PART III COLLECTIVISING AND MONETISING CIVIL LITIGATION 12 Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture 239 Ilja Tillema 13 German collective actions – is litigation funding in a dead end? 260 Astrid Stadler 14 Transparency and oversight of class actions funding in Canada 277 Catherine Piché Index

Read more less

Book SynopsisExpertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.Trade Review‘In creating this book, Professor Jordaan has meticulously laid out his analysises and approaches, backed by cross-discipline research and data. This approach is intended to enable lawyers to advance their client's best interests outside of a traditional legal framework but with all of the expertise and problem-solving skills that being a lawyer entails, and it does it incredibly well. This book’s clean format and easy-to-follow layout allow it to be both a volume to “read” and a book to keep near to hand as a reference volume. Professor Jordaan's work here is as essential to lawyers now as Getting to Yes was forty years ago.’ -- Denise Ereka Peterson, FCIArb (Chartered Institute of Arbitrators)‘Barney Jordaan has written a text for the times. It is a classic text on international negotiation and dispute resolution, balancing theory with practice, law with behaviourism, analysis with opinion. This is a grand narrative, written with authority, poise and elan.’ -- Laurence Boulle, University of Newcastle, Australia‘The scope of the book and depth of analysis is ambitious, delivering valuable insights, ideas and tools on a wide range of topics crucial to modern legal practice. It is difficult to conceive of future-oriented lawyers operating successfully without embracing and putting into practice the negotiation skills covered in it. What really stands out for me in this comprehensive treatment is the infusion of psychology and neuroscience and their application to traditional processes of dispute prevention and resolution. Hugely valuable for anyone serious about the practice of law.’ -- Chris Todd, Bowmans, South Africa‘I highly recommend this outstanding treatise. With a focus on the role of lawyers, the treatise outlines crucial strategic decisions throughout a dispute. Bringing in the most up-to-date understanding of human behavior and weaving interdisciplinary expertise throughout, this well-organized and straightforward book makes it easy for lawyers to comprehend both the theory and practice of negotiation and dispute resolution.’ -- Andrea Kupfer Schneider, Marquette University, USTable of ContentsContents: Foreword Preface PART I THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES 1. Changes affecting the practice of law 2. The lawyer as problem solver 3. A different mindset and approach PART II HANDLING CONFLICT 4. Understanding conflict 5. Biases in decision-making PART III NEGOTIATION 6. Understanding negotiation 7. Negotiation preparation and planning 8. Negotiation planning 9. Developing a Negotiation Strategy 10. Executing the negotiation 11. Ethics in negotiation PART IV SKILLS AND COMPLICATING FACTORS 12. Essential skills for problem solving 13. Complicating factors PART V THE LAWYER AS PROCESS ARCHITECT AND ADVISER 14. Dispute resolution processes 15. Representing a client in mediation 16. Dispute process design 17. Legal fee arrangements Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index

Read more less

Book SynopsisExpertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.Trade Review‘In creating this book, Professor Jordaan has meticulously laid out his analysises and approaches, backed by cross-discipline research and data. This approach is intended to enable lawyers to advance their client's best interests outside of a traditional legal framework but with all of the expertise and problem-solving skills that being a lawyer entails, and it does it incredibly well. This book’s clean format and easy-to-follow layout allow it to be both a volume to “read” and a book to keep near to hand as a reference volume. Professor Jordaan's work here is as essential to lawyers now as Getting to Yes was forty years ago.’ -- Denise Ereka Peterson, FCIArb (Chartered Institute of Arbitrators)‘Barney Jordaan has written a text for the times. It is a classic text on international negotiation and dispute resolution, balancing theory with practice, law with behaviourism, analysis with opinion. This is a grand narrative, written with authority, poise and elan.’ -- Laurence Boulle, University of Newcastle, Australia‘The scope of the book and depth of analysis is ambitious, delivering valuable insights, ideas and tools on a wide range of topics crucial to modern legal practice. It is difficult to conceive of future-oriented lawyers operating successfully without embracing and putting into practice the negotiation skills covered in it. What really stands out for me in this comprehensive treatment is the infusion of psychology and neuroscience and their application to traditional processes of dispute prevention and resolution. Hugely valuable for anyone serious about the practice of law.’ -- Chris Todd, Bowmans, South Africa‘I highly recommend this outstanding treatise. With a focus on the role of lawyers, the treatise outlines crucial strategic decisions throughout a dispute. Bringing in the most up-to-date understanding of human behavior and weaving interdisciplinary expertise throughout, this well-organized and straightforward book makes it easy for lawyers to comprehend both the theory and practice of negotiation and dispute resolution.’ -- Andrea Kupfer Schneider, Marquette University, USTable of ContentsContents: Foreword Preface PART I THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES 1. Changes affecting the practice of law 2. The lawyer as problem solver 3. A different mindset and approach PART II HANDLING CONFLICT 4. Understanding conflict 5. Biases in decision-making PART III NEGOTIATION 6. Understanding negotiation 7. Negotiation preparation and planning 8. Negotiation planning 9. Developing a Negotiation Strategy 10. Executing the negotiation 11. Ethics in negotiation PART IV SKILLS AND COMPLICATING FACTORS 12. Essential skills for problem solving 13. Complicating factors PART V THE LAWYER AS PROCESS ARCHITECT AND ADVISER 14. Dispute resolution processes 15. Representing a client in mediation 16. Dispute process design 17. Legal fee arrangements Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index

Read more less

Book SynopsisThis forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.This book’s recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.Trade Review‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’ -- Heng Wang, UNSW Sydney, AustraliaTable of ContentsContents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThis book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.Trade Review...the editors are generally rewarded with contributions that address the common task: they thoughtfully and imaginatively engage with the themes of Damaska's work. The resulting breadth and richness of discussion represents an appropriate tribute to his influence in inspiring and provoking new lines of inquiry in comparative criminal process. Scholars of comparative evidence and procedure will welcome this book as an important and broad-ranging resource. They will need to reflect carefully upon the arguments raised and they will want their students to do the same. Stewart Field Criminal Law Review December 2009 Jackson, Langer and Tillers have accomplished a considerable feat in putting together a set of original and insightful papers that tease out many of the core themes of Damaska's work. Certainly, both the breadth and depth of the papers contained in this volume are a fitting tribute to him. Yet the end-product is also an excellent piece of scholarship in its own right; here we have an enlightening and engaging set of papers which will be of interest to criminal and evidence lawyers, as well as those with more general comparative interests. Jonathan Doak International Journal of Evidence and Proof 13 (3), 2009 It can be readily seen ... that this book contains much that touches on current debates in New Zealand and in particular will be of interest to those engaged in reviewing the performance of the Evidence Act of 2006...Honours and Masters students studying evidence or criminal procedure should be reading the relevant papers in this book. Bernard Robertson New Zealand Law Journal 2010, 122Table of Contents1 Introduction: Damaska and Comparative Law John Jackson and Maximo Langer 2 Mirjan Damaska: A Bridge Between Legal Cultures Harold Hongju Koh I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants 3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure Thomas Weigend 4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body? William T Pizzi 5 Italian Criminal Procedure: A System Caught Between Two Traditions Luca Marafioti 6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy Stephen C Thaman 7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe Davor Krapac II Re-Exploring the Epistemological Environment 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth Elisabetta Grande 9 Cognitive Strategies and Models of Fact-Finding Craig R Callen 10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology Peter Tillers III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime 11 Extraterritorial Jurisdiction: Applications to 'Terrorism' M Cherif Bassiouni 12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries John Jackson 13 Reflections on the 'Hybridisation' of Criminal Procedure Mireille Delmas-Marty 14 The Confrontation Right Across the Systemic Divide Richard D Friedman IV The Challenge for Comparative Scholarship 15 The Good Faith Acquisition of Stolen Art John Henry Merryman 16 Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence Paul Roberts 17 Utility and Truth in the Scholarship of Mirjan Damaska Ronald J Allen and Georgia N Alexakis 18 Sentencing and Comparative Law Theory Richard S Frase 19 No Right Answer? James Q Whitman Postscript 20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law Richard O Lempert

Read more less

Book SynopsisThis volume is a first-rate collection of classic articles covering all major aspects of calculating economic damages in injury and death cases. Selected by some of the foremost practitioners in the field, the 53 articles discuss the concepts, methodologies and reasoning used by forensic economists: they examine issues involving life and worklife expectancy, earnings and earnings capacity, fringe benefits, medical and personal care costs, taxes, discounting, personal consumption, household services, hedonic damages, and the relationship of forensic economics to ethics and the law.The editors have written an authoritative introduction to complement their collection.The volume will be essential reading for practising forensic economists, lawyers and academics in the fields of forensic economics, labor economics and tort law.Trade Review‘Economic Foundations of Injury and Death Damages is a terrific collection of articles on the economics of damages payments in personal injury cases. The editors Roger Kaufman, James Rodgers, and Gerald Martin have assembled the key articles by topic and have reflected the diverse points of view. This volume brings to life many of the courtroom battles that these articles have generated. This wide ranging volume will be of enormous value to economists and practicing attorneys.' -- W. Kip Viscusi, Vanderbilt University, USTable of ContentsContents: Acknowledgements Introduction Roger T. Kaufman, James D. Rodgers and Gerald D. Martin PART I FORENSIC ECONOMICS, LAW AND ETHICS 1. Thomas R. Ireland (1997), ‘The Interface between Law and Economics and Forensic Economics’ 2. George A. Schieren (1998), ‘The Economic Framework of Personal Injury/Wrongful Death Damages’ 3. Thomas O. Depperschmidt (1997), ‘The Impact of the Daubert Decision on Forensic Economists’ 4. Francis J. Colella and Thomas R. Ireland (1998), ‘Neutrality and Advocacy: A Challenge for Forensic Economics’ 5. The National Association of Forensic Economics (2005), Statement of Ethical Principles and Principles of Professional Practice 6. American Academy of Economic and Financial Experts (2000), Statement of Ethical Principles 7. American Rehabilitation Economics Association (1998), Code of Standards and Ethics 8. American Rehabilitation Economics Association, Statement of Adherence to Ethical Principles Annual Renewal Statement PART II LIFE EXPECTANCY 9. Frank Slesnick and Robert Thornton (1994), ‘Life Expectancies for Persons with Medical Risks’ 10. James Ciecka and Peter Ciecka (1996), ‘Life Expectancy and the Properties of Survival Data’ 11. Kurt V. Krueger (1999), ‘Healthy Life Expectancy’ PART III WORK LIFE EXPECTANCY AND THE DURATION OF WORKING LIFE 12. Edward M. Foster and Gary R. Skoog (2005), ‘The Markov Assumption for Worklife Expectancy’ 13. Gary R. Skoog and James E. Ciecka (2001), ‘The Markov (Increment-Decrement) Model of Labor Force Activity: New Results Beyond Work-Life Expectancies’ 14. Frank P. Corcione and Robert J. Thornton (1991), ‘Female Work Experience: Voluntary versus Involuntary Labor Force Activity’ 15. James D. Rodgers (2001), ‘Exploring the Possibility of Worklife Expectancies for Specific Disabilities’ 16. Dennis R. Capozza, Alice Nakamura and Gregory Bloss (1989), ‘Work History in Female Earnings Loss’ 17. Frank P. Corcione and Robert J. Thornton (1998), ‘Forecasting Earnings Losses of the Disabled with the LPE Method’ PART IV PROJECTING LOST EARNINGS AND EARNING CAPACITY 18. Stephen M. Horner and Frank Slesnick (1999), ‘The Valuation of Earning Capacity Definition, Measurement and Evidence’ 19. Robert J. Thornton, James D. Rodgers and Michael L. Brookshire (1997), ‘On the Interpretation of Age-Earnings Profiles’ 20. Kurt Krueger (1999), ‘Average Change in Wages: The ECI Advantage’ 21. Ralph J. Brown (1995), ‘Loss of Earning Capacity in the Case of a Farmer’ 22. John Kane and Lawrence M. Spizman (2001), ‘An Update of the Educational Attainment Model for a Minor Child’ 23. Thomas R. Ireland and John O. Ward (1995), ‘The Investment Approach to Parental Loss in the Death of a Child: A Guide to Understanding Alternative Versions’ PART V FRINGE BENEFITS 24. Ralph R. Frasca (1992), ‘The Inclusion of Fringe Benefits in Estimates of Earnings Loss: A Comparative Analysis’ 25. James D. Rodgers (2002), ‘Valuing Losses of Pension Benefits’ PART VI ESTIMATING MEDICAL AND PERSONAL CARE COSTS IN ACCIDENT CASES 26. Frank Slesnick (1990), ‘Forecasting Medical Costs in Tort Cases: The Role of the Economist’ 27. Roger Feldman and Karl A. Egge (1995), ‘Savings Offsets in Future Care Costs for the Severely Injured: New Thoughts on an Unsettled Issue’ 28. David Strauss, Robert Shavelle, Christopher Pflaum and Christopher Bruce (2001), ‘Discounting the Cost of Future Care for Persons with Disabilities’ 29. George A. Barrett and Michael L. Brookshire (2001), ‘The Forensic Economics of Medical Monitoring Protocols’ PART VII TAXATION 30. W. Cris Lewis and Tyler J. Bowles (1996), ‘Alternative Approaches to Tax Adjustments in Appraising Economic Loss’ 31. W. Cris Lewis and Tyler J. Bowles (1999), ‘A Statistical Analysis of Federal Income Tax Rate Stability Over Time and Implications for Valuing Lifetime Earnings’ PART VIII DISCOUNTING 32. Allan M. Feldman (1990), ‘Discounting in Forensic Economics’ 33. Gary R. Skoog and Gerald D. Martin (2005), ‘The Net Discount Rate: Logical Relations Among Present Value Variables’ 34. Christopher C. Pflaum, Steven S. Duncan and Eric C. Frye (1997), ‘Historical Averages and The “Real Rate” of Interest’ 35. Richard S. Weckstein (2001), ‘Real Discounting and Inflation in Indexed Treasury Securities’ 36. Joseph H. Haslag, M. Nieswiadomy and D.J. Slottje (1991), ‘Are Net Discount Ratios Stationary?: The Implications for Present Value Calculations’ 37. Bradley Braun, Junsoo Lee and Mark C. Strazicich (2004), ‘Historical Net Discount Rates and Future Economic Losses: Refuting the Common Practice’ 38. Eric W. Christensen (1999), ‘Accounting for Age-Earnings Profiles in Net Discount Rates’ 39. James E. Payne, Bradley T. Ewing and Michael J. Piette (2001), ‘Total Offset Method: Is it Appropriate? Evidence from ECI Data’ 40. Robert R. Trout (1994), ‘Intra-Year Discounting Made Easy: A Comment’ 41. Boyd L. Fjeldsted (1993), ‘The Significance of the Distinction Between a Life Annuity and an Annuity Certain for a Term Equal to Life Expectancy: A Note’ 42. Tyler J. Bowles and W. Cris Lewis (1999), ‘Prejudgement Interest: Issues and Case Studies’ PART IX PERSONAL CONSUMPTION 43. Michael R. Ruble, Robert T. Patton and David M. Nelson (2002), ‘Patton-Nelson Personal Consumption Tables 2000-2001: Updated and Revised’ 44. Martine T. Ajwa, Gerald D. Martin and Ted Vavoulis (2000), ‘Estimating Personal Consumption With and Without Savings in Wrongful Death Cases’ 45. Roger T. Kaufman (2003), ‘Conceptual and Empirical Issues in Calculating Post-Retirement Consumption’ 46. James Ciecka, Seth Epstein and Peter Ciecka (1995), ‘Some New Estimates of Self-Consumption Allowances Using Service Flows’ 47. Christopher Bruce (1997), ‘Determination of Personal Consumption Expenditures in Fatal Accident Actions: A Note’ PART X HOUSEHOLD SERVICES 48. Ronald A. Dulaney, John H. Fitzgerald, Matthew S. Swenson and John H. Wicks (1992), ‘Market Valuation of Household Production’ 49. Thomas R. Ireland (1999), ‘Opportunity Cost vs. Replacement Cost in a Lost Service Analysis’ 50. Frank D. Tinari (1998), ‘Household Services: Toward a More Comprehensive Measure’ PART XI HEDONIC DAMAGES 51. Stan V. Smith (1996), ‘Hedonic Damages in Personal Injury and Wrongful Death Litigation’ 52. W. Kip Viscusi (1990), ‘The Value of Life: Has Voodoo Economics Come to the Courts?’ 53. W. Kip Viscusi (2000), ‘Misuses and Proper Uses of Hedonic Values of Life in Legal Contexts’ Name Index

Read more less

Book SynopsisThis well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policy makers, judges and attorneys. Contributors: J.G. Backhaus, G. Calabresi, A. Cassone, M.S. Cenini, B. Deffains, F. Denozza, N. Garoupa, A. Gidi, F. Gomez, M.F. Gouveia, S. Harnay, S. Issacharoff, E. Langlais, J. Luther, A. Marciano, G.P. Miller, F. Parisi, G.B. Ramello, L. Sacconi, M.I. Saez, F.M. Scherer, L. Toffoletti, T.S. Ulen, M. ValimakiTrade Review‘. . . this is a book which covers a broad range of issues within this rather fascinating and topical area of inquiry. Although targeted mainly at law and economics students and scholars, it should also interest commercial, corporate and IP lawyers, as well as economic theorists. Extensively footnoted, it opens up any number of avenues for further research and is, of course, an innovation in itself!’ -- Phillip Taylor and Elizabeth Taylor, The Barrister Magazine‘The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.’ -- Jennifer Arlen, New York University, School of Law, US‘The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.’ -- Theodore Eisenberg, Cornell University, USTable of ContentsContents: PART I: CLASS ACTION LITIGATION: THE ORIGINS AND ITS MAIN FEATURES 1. The Law and Economics of Class Action Litigation: Setting the Research Agenda Jürgen G. Backhaus, Alberto Cassone and Giovanni B. Ramello 2. Class Actions in the US Experience: The Legal Perspective Hon. Guido Calabresi 3. Class Actions in the US Experience: An Economist’s Perception Frederic M. Scherer 4. Will Aggregate Litigation Come to Europe? Samuel Issacharoff and Geoffrey P. Miller 5. Class Action as a Remedy for Market Failure Jürgen G. Backhaus 6. The Economics of Class Action Litigation Thomas S. Ulen PART II: DISENTANGLING THE LAW AND ECONOMICS OF CLASS ACTION 7. Private, Club and Public Goods: The Economic Boundaries of Class Action Litigation Alberto Cassone and Giovanni B. Ramello 8. Class Action Finance and Legal Expense Insurance Jürgen G. Backhaus 9. Punitive Damages and Class Actions Francesco Parisi and Marta Silvia Cenini 10. A Case for Information Sharing in Class Action Suits Bruno Deffains and Eric Langlais 11. Good Law and Economics Needs Better Microeconomic Models: The Case Against ‘Contingent Fees’ as Application of Agency Models to the Professions Lorenzo Sacconi 12. Collective Litigation versus Legislation: A Rent-Seeking Approach to Class Actions Sophie Harnay and Alain Marciano PART III: COMPARATIVE LEGAL VIEWS: ISSUES, NATIONAL EXPERIENCES AND A PROPOSAL 13. Class Actions in Private Enforcement of EC Antitrust Law: The Commission Green Paper Francesco Denozza and Luca Toffoletti 14. The Enforcement of Management Passivity Duty in Take-over Law: Class Action or Government Action? Fernando Gomez and María Isabel Saez 15. The Constitutional Impact of Class Actions in European Legal Systems Jörg Luther 16. Introducing Class Actions in Finland: An Example of Law-making Without Economic Analysis Mikko Välimäki 17. Class Actions in Portugal Mariana França Gouveia and Nuno Garoupa 18. The Class Action Code: A Model for Civil Law Countries Antonio Gidi Index

Read more less

Book SynopsisThis informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.Throughout Korea's democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts-which in turn have ramifications in the nation's political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea.As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.Kuk Cho is in the School of Law at Seoul National University, Korea.Trade Review‘. . . an invaluable contribution to Korean legal studies, primarily for being the most current, singular source covering essentials of judicial procedures in South Korea up to 2010. Readers are given an insiders’ view of courtroom procedure and politics which many may not be exposed or privy to, alongside comparative perspectives to other systems such as the United States, Germany and France. . . Litigation in Korea may be commended for being a vital contribution to the advancement of Korean legal studies.’ -- Patricia Goedde, Pacific Affairs‘Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea’s legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume.’ -- William Alford, Harvard Law School, US‘This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today.’ -- Tom Ginsburg, University of Chicago Law School, USTable of ContentsContents: Preface 1. Litigating in Korea: A General Overview of Korean Civil Procedure Youngjoon Kwon 2. Why Do We Pursue ‘Oral Proceedings’ in Our Legal System? Hyun Seok Kim 3. The Reformed Criminal Procedure of Post-Democratization South Korea Kuk Cho 4. The Role of the Public Prosecutor in Korea: Is He Half-Judge? Heekyoon Kim 5. The Admissibility of Suspect Interrogation Record in the New Era of Korean Criminal Procedure Yong Chul Park 6. The Structure and Basic Principles of Constitutional Adjudication in the Republic of Korea Jongcheol Kim 7. Democratic Legitimacy of Law and the Constitutional Adjudication in the Republic of Korea Woo-young Rhee 8. Korean Constitutional Court and the Due Process Clause Jibong Lim 9. Administrative Litigation in Korea: Structures and Roles in Judicial Review Hee-Jung Lee 10. Korean Administrative Cases in ‘Law and Development’ Context Daein Kim 11. Principles and Structure of Patent Litigation Sang Jo Jong Index

Read more less

Book SynopsisThis unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments ?- including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.This insightful book will appeal to academics and postgraduates in the fields of private law and law and economics. Law firms and insurance companies offering legal expense insurance will also find this book a valuable read.Trade Review‘In recent years, governments have been attempting to find ways of facilitating access to justice without directly subsidising legal services. In this excellent collection of essays, the various devices are described, analysed and evaluated. The book will be essential reading for those, policymakers and others, concerned with this important issue.’ -- Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction Mark Tuil and Louis Visscher 2. A Law and Economics Approach to Cost Shifting, Fee Arrangements and Legal Expense Insurance Louis Visscher and Tom Schepens 3. No Cure, No Pay and Contingency Fees Michael Faure, Fokke Fernhout and Niels Philipsen 4. Financing and Group Litigation Sonja Keske, Andrea Renda and Roger Van den Bergh 5. Financing Civil Litigation by the European Insurance Industry Willem H. van Boom 6. Financing Civil Litigation: The Case for the Assignment and Securitization of Liability Claims Andrea Pinna 7. The Empirical Analysis of Litigation Funding Paul Fenn and Neil Rickman 8. Financing Civil Litigation: The US Perspective Deborah R. Hensler 9. New Trends in Financing Civil Litigation in Europe: Lessons to be Learned Mark Tuil and Louis Visscher Index

Read more less

Book SynopsisThis book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules...I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010Trade ReviewWhat a treasure trove...most informative...a source of empirical findings and legal policy conclusions of the highest order VRiLG Lothar Junemann Notar 9/2012Table of ContentsPart I: The Oxford Study on Costs and Funding of Civil Litigation Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka Introduction Section 1: National Approaches to Costs and Funding of Civil Litigation Section 2: The Price of Litigation: A Comparison of Jurisdictions Section 3: Policy Issues and Recommendations Section 4: Summary of Findings Tables and Appendices Questionnaire Table 1: Basis of charges for court fees and lawyers' fees Table 2: Success and contingency fees Table 3: Total minimum cost to claimant in the case studies Table 4: Claimant and defendant costs in the case studies Table 5: Ranges of court fees and lawyers' hourly rates Table 6: Currency conversion rates used in the case studies Part II: National Reports 1. An Introduction to the Range of National Approaches Christopher Hodges 2. Australia Camille Cameron 3. Belgium Vincent Sagaert and Ilse Samoy 4. Canada Eriks S Knutsen and Janet Walker 5. The People's Republic of China Michael Palmer and Chao Xi 6. Denmark Kristine Svenningsen, Jan-Erik Svensson and Anders Orgaard 7. England and Wales John Peysner 8. England and Wales: Christopher Hodges Summary of the Jackson Costs Review 9. England and Wales: Woolf for Slow Learners John Peysner 10. France A. Theoretical Perspectives Yvon Desdevises B. The Rules on Funding and Costs Anne-Laure Villedieu 11. Germany Burkhard Hess and Rudolf Hubner 12. Japan Ikuo Sugawara and Eri Osaka 13. Latin America: Manuel A Gomez A Regional Report 14. The Netherlands Mark L Tuil 15. The Netherlands: Policy Observations Paulien M M van der Grinten 16. New Zealand Kim Economides and Graham Taylor 17. Poland Magdalena Tulibacka 18. Portugal Henrique Sousa Antunes 19. Russia Dmitry Maleshin 20. Spain Aranzazu Calzadilla Medina, Carlos Trujillo Cabrera and Alejandro Ferreres Comella 21. Switzerland Walter A Stoffel and James F Reardon 22. Taiwan Kuan-Ling Shen and Helena HC Chen 23. The United States of America Deborah R Hensler

Read more less

Book SynopsisBased on general concepts of collective action, Private Enforcement of Antitrust analyzes how collective litigation mechanisms can be designed to encourage victims of anti-competitive conduct to access justice.Through the expert assessment of the US Federal Courts' case on competition law, alongside that of domestic Europe, Arianna Andreangeli provides a fresh response to the issues surrounding collective litigation. The discussion is skillfully placed in the wider context of competition enforcement, whilst at the same time exploring both past and present trends. The book concludes that collective litigation of competition claims must strike a 'fair balance' between respecting rules of due process and ensuring fuller access to justice.An enlightening perspective, this book will be an invaluable resource for academics and competition civil justice experts. It will also be of interest to practitioners active in competition cases and policy makers concerned with human rights issues.Contents: 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: 'aggregating' individual antitrust claimants in diffuse injury cases-the certification criteria of commonality , predominance and superiority and the obligation to serve notice 3. 'Managing' antitrust class actions under Rule 23(b)(3) FRCP: who 'plays the pipe'? And who pays the piper? 4. The EU Commission agenda on collective redress: from a 'sector specific' to a mainstream discussion of group justice questions 5. Collective litigation in competition cases in the United Kingdom: between personal autonomy in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions-the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? IndexTrade Review‘This book is a timely and thought-provoking comparative analysis of collective redress in different legal regimes. It will be of interest to both academics and practitioners who seek an understanding of current class action issues. It benefits from the author's expert knowledge of US and EU law as well as Dutch and Italian law. The diversity of jurisdictions and the author's findings, especially with regard to US class actions, challenge common assumptions and provide material for further discussion.’ -- Dr Sebastian Peyer, Global Competition Litigation ReviewTable of ContentsContents 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: “aggregating” individual antitrust claimants in “diffuse injury” cases—the certification criteria of “commonality”, predominance and superiority and the obligation to serve notice 3. “Managing” antitrust class actions under Rule 23(b)(3) FRCP: who “plays the pipe”? And who pays the piper? 4. The EU Commission agenda on collective redress: from a “sector specific” to a mainstream discussion of “group justice” questions 5. Collective litigation in competition cases in the United Kingdom: between ‘personal autonomy’ in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions—the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index

Read more less

Book SynopsisThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.Table of ContentsChapter 1. The use of experts in litigation in Germany, Volker Triebel Chapter 2. The expert in France, Michael Brisac, Bernard Peckells, Michael Chapman Chapter3. The expert in Italy, Vicenzo Vigorriti, Aldo Berlinguer Chapter 4. The expert in the USA, Faust F. Rossi Chapter 5. The expert in Australia, A.A.De Fina Chapter 6.The expert in mainland China and Hong Kong, Fei Ning Chapter 7. Expert evidence in litigation and arbitration in Hong Kong, David Leonard Chapter 8. The expert witness in medical cases, Nigel H. Harns Chapter 9. The expert witness in criminal cases, Patrick Sheen Chapter 10. The expert witness in construction dispute cases, Roger Trett Chapter 11. The expert witness in insurance and reinsurance cases, Phillippa Rowe Chapter 12. The expert witness in maritime dispute cases, Ron Vince Chapter 13. The expert witness in rent review dispute cases, Peter Wainwright, Lesley Webber Chapter 14. Interlocutory and hearing problems and the expert witness, D.Mark Cato Chapter 15. The courts and independent experts, Lesley Webber Chapter 16. Final and binding, Jonathan Gaunt, Nicholas Cheffings Chapter 17. Expert determination in commercial contracts, Doug Jones Chapter 18. Expert determination in construction disputes, Tony Ensom Chapter 19. Expert determination in rent review disputes, Tim Copper Chapter 20. Expertise v experts - the experience of the commodity sector, Graham Parr Chapter 21. Interlocutory and hearing problems inexpert determination, D.Mark Cato

Read more less

Book SynopsisThis is the report of the Inter-Society Working Group on Hearing Disability, which was founded in 1986 and completed its work in 1991. The report proposes a method for the quantification of hearing disability resulting from hearing impairment for the purposes of description and compensation, with particular reference to noise-induced hearing deficit. The book will be of interest to medical specialists concerned with the assessment of hearing disability as well as to legal professionals dealing with compensation claims in this area and to those with an academic interest in disability assessment.Table of ContentsPart 1. Introduction. Historical Background and Terms of Reference. Rationale and Philosophy, Scope and Report. Part 2. Definitions Particular to this Report. Part 3. Technical Background. General, Surrogate Measures of disability. Characterization of The Concept of Hearing Disability. Scale relation Between Autiometric Impairment and Disability. The low Fence and The high Fence. Differential Weighting of The two Ears. Age-associated Hearing loss. Part 4. Audiometric Equipment. Equipment for Air-conduction Audiometry. Equipment for Bone-conduction Audiometry. Additional Equipment. Equipment required for Calibration of Audiometers. Quality Assurance. Quality Assurance - general. Principles of Calibration. Procedures. Background Noise Requirements for The Test Room. Specific Recommendations Applicable to Audiometry for disability Assessment. Part 5. Determining Hearing Threshold Levels in Usual cases. Audiometric Procedure - Procedure for air Conduction Testing. Procedure for Bone Conduction Testing. Reporting of Results. Sources of Error in audiometry - Sources of Objective Error. Systematic and Random Uncertainties associated With Audiometric Techniques. Uncertainties Associated With The subject. Normal Expectation of Audiometric Reliability. Abnormal Performance or unusual Occurrences. Uncertainties Associated With Audiometric Techniques. Uncertainties Associated With The Subject. Normal Expectation of Audiometric reliability. Abnormal Performance or Unusual Occurrences. Uncertainties associated With The Audiometrician and The Interpretation or Responses. Qualifications and Training of Personnel. Part 6. Determination of Hearing threshold Levels in Abnormal Cases. Detection of Spurious Hearing Threshold level (shtl). Estimation of Genuine Hearing Threshold Levels (ghtl). Part 7. Evaluation of Compensable Hearing Loss. Mandatory Requirements. Conditional and discretionary Tests. Principles of Evaluation. Age-associated Hearing Loss (aahl). Evaluation of a Conductive Component of Hearing Loss. Relevant conductive Hearing Loss. Evaluation of The Decibel Value of The Chl. Part 8. Tables for Calculating Percentage Disability. Source Material and Derivation. Basic Relation Between Hearing Threshold Level and Percentage Disability. Binaural Evaluation. Tables of Percentage Disability. Part 9. Assessment of disability. General Plan. Diagnosis of Noise-induced Hearing Loss. Assessment of Overall and Noise-induced Hearing Disability. Apportionment. How to use The tables. General Procedure. Procedure When There is a Constitutional Element. Part 10. Additional Assessment Procedures. Retrospective Assessment and Rules for Apportionment. Prognostic Assessment. Other Considerations. Tinnitus. Noise-induced Vestibular Malfunction. Use of Hearing Aids. Part 11 Contents of the Medicolegal Report. Part 12 Summary of Recommendations.

Read more less

Book SynopsisThis area of practice requires consideration of topics across both substantive and procedural law. The topics addressed include injunctions required to preserve assets and prevent undue dissipation by parties facing claims, orders seeking to trace misappropriated property, applications to set aside fraudulent transfers of property, orders for the disclosure of assets and transfers, shareholder protection and fraud, remedies for reckless or fraudulent trading, multi-jurisdiction issues facing litigants in this area and various common law and equitable remedies to set aside fraudulent payments and transfers.Table of Contents• Tracing • Deceit • Conspiracy • Conversion • Constructive Trusts, Liability to Account in Equity & Quistclose Trusts • Unjust Enrichment • Minority Shareholders & Fraud • Unfair Preferences and Unlawful Dispositions in Corporate Insolvencies & Fraudulent Conveyances • Misuse of the Corporate Form & Personal Liability for Reckless or Fraudulent Trading • The Mareva Injunction • Disclosure Orders • Pleading Fraud • Conflict of Laws

Read more less

Book SynopsisWorking in Civil Litigation is helpful for paralegals and junior staff working in personal injury (claimant and defendant) teams, as well as those working in commercial litigation teams. It will be a valuable resource for paralegals and junior staff working in litigation teams in local authorities, insurance companies and other organisations.

Read more less

Book Synopsis

Read more less

Book SynopsisThis open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.Trade Review"​Professor Nagy takes an important and detailed look at class and collective redress both inside and outside the European Union, providing useful insights to lawyers and policymakers in multiple jurisdictions. This text is a welcome addition to the literature on large-scale dispute resolution and should be required reading for scholars and practitioners around the world." Prof. S. I. Strong, Manley O. Hudson Professor of Law, University of Missouri"While many European jurisdictions have introduced some form of collective redress, most comparative academic studies focus on comparisons between legislative regimes. Class Actions in Europe is a refreshing compact analysis of the topic from a comparative, economic and trans-systemic perspective, focusing on key factors of the design of an effective collective redress regime. It is a must read for everyone who wants to obtain a better understanding of the European approach to collective claim resolution and of its economic implications and impediments."Prof. Ianika Tzankova, Professor of Law, Tilburg UniversityTable of ContentsIntroduction.- Why are collective actions needed in Europe: Small claims are not reasonably enforced in practice and collective actions ensure effective access to justice.- Major European objections and fears against the opt-out system: Superego, ego and ID.- Transatlantic perspectives: Comparative law framing.- European models of collective actions.- Conclusions.

Read more less

Book SynopsisHow we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.Table of ContentsIntroduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.- Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process.​- Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.- The European Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.

Read more less