Results 51 to 60 of about 280,905 (269)

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Why Bulk Discount for Multiple Offenders? A Lexical Local Justification

open access: yesThe Modern Law Review, EarlyView.
This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley   +1 more source

Post‐Breach Events, Itemisation and the Avoided Loss Rule

open access: yesThe Modern Law Review, EarlyView.
In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined.
Melody Hadfield
wiley   +1 more source

Incidence, Risk, and Disclosure of Corporate Litigation: Insights from Federal Court Filings

open access: yesJournal of Accounting Research, EarlyView.
ABSTRACT We assemble and describe a sample of 174,782 lawsuits filed against 218,437 public‐company lawsuit‐defendants in federal district court from 2006 to 2021. These lawsuits involve an array of allegations, including product liability, civil rights discrimination, contract breaches, improper compensation and labor practices, antitrust violations ...
MARY BROOKE BILLINGS   +3 more
wiley   +1 more source

الخيرة بين قواعد حماية المستهلك وقواعد المسؤولية التقصيرية "دراسة مقارنة" [PDF]

open access: yesAl-Maǧallah Al-Qānūniyyaẗ
تناول هذا البحث إشكالية المسؤولية عن أضرار المنتجات في ظل تعدد الأسس القانونية المتاحة للمضرور للمطالبة بالتعويض. وتتمثل هذه الإشكالية في التخيير بين قواعد حماية المستهلك ذات الطابع الحمائي الاستثنائي، وقواعد المسؤولية التقصيرية بوصفها النظام العام ...
مشاعل صادق علي نجم السنافى
doaj   +1 more source

Global Union Federations and Human Rights Due Diligence: Strategic Repertoires in a Shifting Legal Terrain

open access: yesGlobal Policy, EarlyView.
ABSTRACT This paper investigates the strategic engagement of global union federations (GUFs) with emerging human rights due diligence (HRDD) legislation as a mechanism of transnational labour governance. Drawing on a multimethod qualitative design—including legal and document analysis and interviews with union officials—the study identifies six ...
Ingrid Landau   +2 more
wiley   +1 more source

Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective

open access: yesBaltic Journal of Law & Politics, 2019
In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability.
Liivak Taivo, Lahe Janno
doaj   +1 more source

The law of AI knowledge distillation

open access: yesAmerican Business Law Journal, EarlyView.
Abstract Knowledge distillation—the practice of training a compact student model on the outputs of a larger teacher model—has emerged as the fastest‐growing technique for replicating and disseminating frontier artificial intelligence (AI) capabilities.
Taorui Guan
wiley   +1 more source

Dependent Articulation in the Global Pesticide Complex: Argentina's Agrochemical Industry After the Generics Market Revolution

open access: yesJournal of Agrarian Change, EarlyView.
ABSTRACT Since the late 1990s, the pesticide industry has undergone a ‘generics revolution’ as the centre of production, and trade has shifted to the global South. China and India have become major producers, capturing Latin American markets from Northern multinationals. As a major pesticide user and a key node in global supply chains, Argentina offers
Christian Berndt   +2 more
wiley   +1 more source

TORTIOUS LIABILITY OF LEGAL ENTITIES

open access: yesPravo, 2015
Тhe history of tortious acts had known individuals as the only entities who, through their specific actions, performed the different types of legal dishonesty.
Marko Stanković
doaj  

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