Category Archives: Remedies and Procedure

‘How Civil Lawsuits Can Mitigate our Nation’s Crises’

“In nearly every state, as well as in Congress, proposals abound to limit the rights of Americans to use the civil justice system. The fundamental PR message of corporate and other special interests behind these proposals is that the civil justice system is somehow harmful to us as a nation, instead of something to be […]

‘Empirical Conjectures About the Effects of Raising the Jurisdictional Amount’

“As my Civ Pro colleagues periodically remind me, we’re likely overdue for an increase to jurisdictional thresholds. Even if they’re correct, however, what might be the expected (and unexpected) consequences of various increases to jurisdictional thresholds? A recent paper by Steven Gensler (Oklahoma) and Roger Michalski (Oklahoma), The Million Dollar Diversity Docket, puts these counter-factual […]

Eric Goldman, ‘Dear President Biden: You Should Save, Not Revoke, Section 230’

ABSTRACT During the 2020 presidential race, Joe Biden said that he is in favor of repealing Section 230, the law that says websites aren’t liable for third-party content. This open letter to President Biden articulates four principles for his consideration of Section 230. As president, Biden should (1) set the right factual baseline, (2) set […]

Stellina Jolly and KS Roshan Menon, ‘Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India’

ABSTRACT A study of the rights regime for environmental protection in India indicates that such protections overlap with constitutional rights guaranteed primarily to citizens or persons under the law. Contemporary jurisprudence has aggressively developed this intersectionality, declaring natural entities to be living persons with fundamental rights analogous to those of human beings. This article explores […]

Ole Aldag, ‘Due Diligence and Environmental Damages Under Rome II’

ABSTRACT Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types […]

Ying Khai Liew, ‘Limitation Periods and Constructive Trusts in Malaysia’

ABSTRACT Malaysia, as a former British colony, has inherited much of its trusts law from the English. One notoriously difficult area of law is constructive trusts. Precisely when and why constructive trusts arise are fundamental but imperfectly understood matters. This is unfortunate, because the lack of understanding might, in practice, be critically relevant for the […]

Ying Khai Liew, ‘Proprietary Estoppel Remedies in Hong Kong: Lessons from Singapore, England, and Australia’

ABSTRACT This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to address explicitly. Drawing from the divergent experiences of England, Australia, and Singapore, it makes two central points. First, the provision of expectation relief, as opposed to compensation for […]

Ying Khai Liew, ‘Constructive Trusts and Discretion in Australia: Taking Stock’

ABSTRACT In Australia, it is often thought that the decision whether to impose a constructive trust invariably attracts the exercise of remedial discretion. This paper argues that, in reality, the exercise of discretion is highly circumscribed. Further, where such discretion is exercised, it is useful further to distinguish between cases where judges take into account […]

Sandra Sperino, ‘The Emerging Statutory Proximate Cause Doctrine’

ABSTRACT The year 2011 marked the birth of a new idea. The United States Supreme Court decided Staub v Proctor Hospital and for the first time invoked common law proximate cause in the context of federal employment discrimination law. It is rare in jurisprudence to be present at the birth of an idea and then […]

David Lewis, ‘Stigma and Whistleblowing: Should Punitive Damages be Available in Retaliation Cases?’

ABSTRACT This article uses a range of disciplinary perspectives to examine what is meant by stigma and explains that it is a relational concept. It argues that there has been a shift from attributing social stigma to whistleblowing, to regarding whistleblowing as a form of prosocial behaviour, that is, something which contributes to the well-being […]