Litigation & Procedure eJournal最新文献_第8页

Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like? 美洲体系中的生殖健康权利诉讼:胜诉的案例是什么样的?

Litigation & Procedure eJournal Pub Date : 2014-12-11 DOI: 10.2139/SSRN.2553649

Ciara O’Connell

{"title":"Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like?","authors":"Ciara O’Connell","doi":"10.2139/SSRN.2553649","DOIUrl":"https://doi.org/10.2139/SSRN.2553649","url":null,"abstract":"Remedies and reparation measures emerging from the Inter-American System of Human Rights in reproductive health cases have consistently highlighted the need to develop, and subsequently implement, non-repetition remedies that protect, promote, and fulfill women's reproductive health rights. Litigation outcomes that determine there have been violations of reproductive rights are regarded as a \"win\" for health rights litigation, but when implementation fails, is a \"win\" still a win? There has been considerable success in litigating reproductive health rights cases, yet the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are not adequately equipped to follow up on cases after they have been won. Successful and sustainable implementation of reproductive health rights law requires incorporation of non-repetition remedies in the form of legislation, education, and training that seeks to remodel existing social and cultural practices that hinder women's enjoyment of their reproductive rights. In order for a reproductive health rights case to ultimately be a \"winner,\" case recommendations and decisions emerging from the Commission and Court must incorporate perspectives from members of civil society, with the ultimate goal being to develop measurable remedies that address underlying obstacles to domestic implementation.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121373208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10

Тенденция Становления и Развития Законодательства О Защите Публично-Правового Интереса в Гражданском Судопроизводстве (The Tendency of Formation and Development of Legislation on the Protection of Public-Interest Law in Civil Proceedings)

Litigation & Procedure eJournal Pub Date : 2014-11-23 DOI: 10.2139/SSRN.2641467

R. Karaev, Karaev Murat, E. Polyakova

{"title":"Тенденция Становления и Развития Законодательства О Защите Публично-Правового Интереса в Гражданском Судопроизводстве (The Tendency of Formation and Development of Legislation on the Protection of Public-Interest Law in Civil Proceedings)","authors":"R. Karaev, Karaev Murat, E. Polyakova","doi":"10.2139/SSRN.2641467","DOIUrl":"https://doi.org/10.2139/SSRN.2641467","url":null,"abstract":"Russian Abstract: В статье рассмотрены исторические аспекты проблемы защиты публичного интереса в гражданском процессе. Проанализированы характерные особенности генезиса органов прокуратуры как средства защиты публичного интереса в различных политических системах России. Выявлено и обосновано, что полное устранение прокурора в вопросе защиты публичного интереса имеет крайние отрицательные последствия, также как и чрезмерное их доминирование.English Abstract: The article deals with the historical aspects of the problem relating to the protecting of public interest in civil proceedings. The characteristics which form the bodies of prosecutor's office as a means that protects the public interest in different political systems of Russia were analyzed. The authors consider that the complete elimination of the public prosecutor relating to protection of the public interest has extremely negative consequences, as well as their excessive dominance.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"14 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120894110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Plausibility, Facts and Economics in Antitrust Law 反垄断法中的合理性、事实与经济学

Litigation & Procedure eJournal Pub Date : 2014-08-01 DOI: 10.2139/ssrn.2738519

Mariateresa Maggiolino

{"title":"Plausibility, Facts and Economics in Antitrust Law","authors":"Mariateresa Maggiolino","doi":"10.2139/ssrn.2738519","DOIUrl":"https://doi.org/10.2139/ssrn.2738519","url":null,"abstract":"According to EU competition law, the existence of an anticompetitive agreement can be inferred from a number of coincidences and indicia only in the absence of another plausible explanation of the facts at stake. According to U.S. federal law (antitrust law included), only a complaint that states a plausible claim for relief can survive a motion to dismiss at the pleading stage. What is plausible, however? After explaining the relationship between facts and evidence law, this chapter analyses the general meaning of the notion of plausibility, discusses the degree of discretion that it introduces, how it affects the justifications that judges and fact-finders make for their choices, and remarks on how this concept relates to substantial accuracy. On the other hand, the chapter acknowledges that antitrust law, by relating our understanding of what is plausible to economic models, debunks these concerns and raises another issue. Namely, since economics is rooted in various axioms and value-choices, the antirust link between plausibility, evidence standards and economics grants to these axioms and value-choices the possibility of affecting even antitrust decisions about facts, even though these decisions should amount to pure descriptions of the concrete facts.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121441534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Accounting for Contingent Liabilities: What You Disclose Can Be Used Against You 或有负债的会计处理:你披露的信息可能对你不利

Litigation & Procedure eJournal Pub Date : 2014-06-20 DOI: 10.2139/ssrn.2457177

Linda Allen

引用次数: 0

The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services 大颠覆:机器智能将如何改变律师在提供法律服务中的角色

Litigation & Procedure eJournal Pub Date : 2014-05-13 DOI: 10.21202/1993-047X.13.2019.2.1230-1250

John O. McGinnis, Russell G. Pearce

{"title":"The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services","authors":"John O. McGinnis, Russell G. Pearce","doi":"10.21202/1993-047X.13.2019.2.1230-1250","DOIUrl":"https://doi.org/10.21202/1993-047X.13.2019.2.1230-1250","url":null,"abstract":"This Article argues that machines are coming to disrupt the legal profession and that bar regulation cannot stop them. Part I describes the relentless growth of computer power in hardware, software, and data collection capacity. This Part emphasizes that machine intelligence is not a one-time event that lawyers will have to accommodate. Instead, it is an accelerating force that will invade an ever-larger territory and exercise a more firm dominion over this larger area. We then describe five areas in which machine intelligence will provide services or factors of production currently provided by lawyers: discovery, legal search, document generation, brief generation, and prediction of case outcomes. Superstars and specialists in fast changing areas of the law will prosper — and litigators and counselors will continue to profit — but the future of the journeyman lawyer is insecure. Part II discusses how these developments may create unprecedented competitive pressures in many areas of lawyering. This Part further shows that bar regulation will be unable to stop such competition. The legal ethics rules permit, and indeed where necessary for lawyers to provide competent representation, require lawyers to employ machine intelligence. Even though unauthorized practice of law statutes on their face prohibit nonlawyers’ use of machine intelligence to provide legal services to consumers, these laws have failed, and are likely to continue to fail, to limit the delivery of legal services through machine intelligence. As a result, we expect an age of unparalleled innovation in legal services and reject the view of commentators who worry that bar regulations are a significant stumbling block to technological innovation in legal practice. Indeed, in the long run, the role of machine intelligence in providing legal services will speed the erosion of lawyers’ monopoly on delivering legal services and will advantage consumers and society by making legal services more transparent and affordable.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117245410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 95

Piercing the Fiduciary Veil 揭开信托面纱

Litigation & Procedure eJournal Pub Date : 2014-03-07 DOI: 10.2139/SSRN.2406217

C. P. Marks

{"title":"Piercing the Fiduciary Veil","authors":"C. P. Marks","doi":"10.2139/SSRN.2406217","DOIUrl":"https://doi.org/10.2139/SSRN.2406217","url":null,"abstract":"Limited partnerships (LPs) and limited liability companies (LLCs) permit formation with a unique management structure in that these entities may be managed by another limited liability entity, such as a corporation. Thus, the true managers are those individuals who manage the manager. It is well settled that the managing entity, such as a corporate general partner, owes default fiduciary duties, but what of these second-tier managers? Technically, it is the managing entity that owes the duties, not the managing entity’s owners, officers, and directors, yet courts have struggled with strict adherence to this separation when it would seem inequitable to do so. Unfortunately, courts and commentators have failed, thus far, to articulate a clear rule as to when fiduciary duties should attach to second-tier managers that also makes allowances for countervailing concerns regarding the scope of such a duty. This article offers an approach aimed at resolving this problem by simply re-examining what it is that courts are doing when they attach liability. In the process of doing so, this article makes three major contributions to the existing scholarship. First, it is the only article describing the three main approaches courts have adopted to address the problem. Second, the article explains why alternate equitable theories, as currently applied, are inadequate to address this issue. Finally, this article offers a unique solution as to when fiduciary duties should attach to second-tier managers. Specifically, this article posits that liability should attach under a form of piercing the corporate veil. Unlike traditional piercing, which focuses on the abuse of the corporate form, this limited form of piercing, which I dub “piercing the fiduciary veil,” should focus on the abuse of the control exercised by second-tier managers.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129377881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Finding Order in the Morass: The Three Real Justifications for Piercing the Corporate Veil 在泥沼中寻找秩序:揭开企业面纱的三个真正理由

Litigation & Procedure eJournal Pub Date : 2014-02-18 DOI: 10.2139/ssrn.2398033

J. Macey, Joshua Mitts

引用次数: 46

Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments 来不及规定:将第68条规则与简易判决相协调

Litigation & Procedure eJournal Pub Date : 2014-02-14 DOI: 10.2139/SSRN.2398083

C. Turner

引用次数: 0

Means and Meaning in Patent Remedies 专利救济的方式和意义

Litigation & Procedure eJournal Pub Date : 2014-02-07 DOI: 10.2139/SSRN.2392494

D. Burk

引用次数: 0

Heuristics, Biases, and Consumer Litigation Funding at the Bargaining Table 谈判桌上的启发式、偏见和消费者诉讼资金

Litigation & Procedure eJournal Pub Date : 2014-01-01 DOI: 10.2139/ssrn.2530793

Jean Xiao

引用次数: 3