Suchergebnisse

Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.

The straightforward guide to surviving and thriving in law schoolEvery year more than 40,000 students enter law school and at any given moment there are over 125,000 law school students in the United States. Law school's highly pressurized, super-competitive atmosphere often leaves students stressed out and confused, especially in their first year. Balancing life and schoolwork, passing the bar, and landing a job are challenges that students often need help facing. In Law School For Dummies, former law school student Rebecca Fae Greene uses straight talk, sound advice, and gentle humor to help students sort through the swamp of coursework and focus on what's important–all while maintaining a life. She also offers rare insight on the law school experience for women, minorities, non-traditional, and non-Ivy League students. Rebecca Greene, JD, is a May 2003 graduate of Indiana University School of Law—Bloomington. A contributor to the American Bar Association’s Student Lawyer magazine, she also wrote for Peterson’s Law Schools.

Cover -- Half Title -- Title -- Copyright -- Contents -- Introduction -- The Language of Emotions in the Language of Law -- On Love and other Injustices. Love and law as improbable communications -- Law, Love and the Contestability of European Community -- Family Reunification: Who Pays for Love in Europe? -- Notes on Fassbinder's "Angst essen Seele auf -- Hagbard and Signe. A Medieval Tale on Tragic Love. From the History of the Danes -- Saxo Grammaticus, Love and Law. The Tale of Hagbard and Signe -- Legal Cultures, Affection and Community -- Traditional Latvian Culture: Pragmatism and Love -- Masculinity, Psychoanalysis and Politics -- Love and Europe: Cultural Trends in the 1930s -- List of contributors

Contextualising stakeholders in the law school /Fiona Cownie --Legal academics as stakeholders : reconceptualising identity and social class /Richard Collier --Feminists as stakeholders in the law school /Rosemary Auchmuty --The legal professions as stakeholders in the academy in England and Wales /Andy Boon and Julian Webb --South Africa : legal education in a transitional society /Rob Midgley --Students as stakeholders in legal education : gaining admission to law school /Benjamin J. Richardson --The value of practice in legal education /Andrew Goldsmith and David Bamford --Will there be blood? : students as stakeholders in the legal academy /Andrew Boon and Avis Whyte --Stakeholders in the university law school : a note in dissent /Anthony Bradney.

This article provides analysis of the most prominent legal issues arising as a consequence of a voluntary withdrawal of a Member State from the European Union pursuant to Article 50 TEU. Particular attention is given to the aspects which have not been explicitly regulated, as well as to those that remain unclear due to the complex wording of Article 50 TEU. Following the introduction, the first section focuses on the termination of application of EU law. The second section provides a more detailed insight into the consequences of the voluntary withdrawal on the issues related to the EU citizenship. The next section elaborates on the legal framework for establishing relations between the withdrawing state and the EU under international law. Finally, the last section of the paper analyzes the consequences for the position of the withdrawing state vis-à-vis international organizations and under international law in general.

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH ============================== CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES ============================== EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS ============================== EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR ============================== EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP ============================== EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE ============================== EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION =============================== EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS =============================== EVIDENCE--PRIVILEGE OF ACCUSED NOT TO TAKE THE STAND--"COMMENT" BY PROSECUTOR ON ACCUSED'S CONDUCT DURING TRIAL AS UNFAIR INTERFERENCE WITH PRIVILEGE =============================== FULL FAITH AND CREDIT--APPLICATION TO WRONGFUL DEATH STATUTE--REFUSAL TO ENFORCE FOREIGN STATUTE WHEN SUIT COULD BE BROUGHT WHERE CAUSE OF ACTION AROSE =============================== INCOME TAXATION--PRIZE CONTEST AWARDS--MUSICAL COMPOSITION PRIZE AS INCOME =============================== REAL PROPERTY--WATER RIGHTS--PUBLIC RIGHTS OF FISHING AND NAVIGATION OVER FLOODED LANDS

This thesis investigates the perception of discrimination against Chinese government investors, including State-Owned Enterprises (SOEs), under Australia's foreign investment review system (FIRS). Previous research has failed to define 'discrimination' in the FIRS context, and lacks comparative and empirical foundation. This thesis fills these gaps by distilling a definition of 'discrimination' from international investment law practice and academic discourse. It also compares the treatment by the Australian government of Chinese government investors and Singaporean government investors (as discrimination can be discerned only by comparison), and examines the practical operation of FIRS through case studies and fieldwork interviews. Chinese State-Invested Enterprises (SIEs) and their investments, not those of SOEs, are observed for evidence of the alleged discrimination, for the concept 'SOE' is rather ambiguous. 'SIEs' presents a clear-cut, confusion-free type of foreign investor to the Australian government's review process, the initial stage of which is the identification of foreign government investors.The research deploys doctrinal, comparative and empirical methods. Three factors that may influence the Australian government's final decisions on investment proposals were compared: the investment features of SIE investments from China and Singapore; the political regimes, legal infrastructures and economic landscapes of the three nations (China, Singapore and Australia); and the corporate governance differences embedded in the above three nations' systems. The comparisons suggest that Chinese SIEs and their investments differ from those of Singapore, and that the differences between China and Australia are bigger than those between Singapore and Australia. These differences could justify the potential 'different and less favourable treatment' of government investors/investments from China in comparison with those of Singapore. But since the decisions of the Australian government are made on reasonable grounds rather than merely on nationality, the conclusion is that the discrimination-perception is rather unjustified. (By definition in this thesis, discrimination is manifest when foreign investments attract 'different and less favourable treatment' for reason alone of their nationality.)This thesis concludes by offering four suggestions for eliminating the discrimination perception. Future research can replicate the methods of this thesis in fresh comparisons of other nations' investors/investments in the FIRS system, and thereby establishing a more comprehensive discrimination-specific database.

This Article offers a new perspective of contract law as emergency law. Doctrines of impossibility, supervening events, force majeure, and good faith performance are core principles resiliently allowing parties to address contract nonperformance under state of emergency crises. Comparatively, China prefers drastic measures to confront contract nonperformance problems by issuing Certificates of Force Majeure, permitting Chinese companies to escape contract liability and forfeiting the resiliency of contract law as emergency law. The Article argues that the pandemic reaffirms the role of contract law as emergency law and urges governments to solidify the freedom to contract.

Intro -- TABLE OF CONTENTS -- FOREWORD -- PREFACE -- PART ONE: INTRODUCTION -- PART TWO: THE FRAMEWORK AND INSTITUTIONS OF GOVERNMENT -- PART THREE: CONSTITUTIONAL CHANGE -- PART FOUR: THE COURTS AND CANADIAN FEDERALISM -- PART FIVE: THE CHARTER AND ABORIGINAL RIGHTS -- PART SIX: CONCLUSION -- GLOSSARY OF TERMS -- CONSTITUTION ACTS 1867 TO 1982 -- TABLE OF CASES -- INDEX -- ABOUT THE AUTHOR -- CHAPTER 1: AN INTRODUCTION TO THE STUDY OF THE CANADIAN CONSTITUTION -- CHAPTER 2: CANADA'S CONSTITUTIONAL DEVELOPMENT BEFORE 1867