Category Archives: Remedies and Procedure
Louise Teitz, ‘Harmonizing Private International Law and International Private Law Through Softlaw’
ABSTRACT This article, prepared for a celebration of the career of Professor Symeon Symeonides, the world’s leading Conflict of Laws expert, uses Symeon’s work as a point of departure to consider what role hardlaw and softlaw play in creating and harmonizing private international law. The article looks at ‘softlaw’ generally and then examines several examples […]
Ryan and Chambers Armstrong, ‘Buying Time’
ABSTRACT With more than 2.7 million households in the United States facing eviction each year, eviction has reached a crisis level. The consequences of eviction are considerable, both in terms of private and social cost. For tenants, eviction carries far-reaching negative effects on nearly all measures of wellbeing, including future health, earnings, and housing. The […]
Ilana Kruchenetskaya, ‘“Split My Award with Whom?” A Case for Plaintiff Incentive Awards and Plaintiff-Attorney Fee Splitting in Class Action Lawsuits’
ABSTRACT Named plaintiffs are the heart of class action lawsuits – without them, there is no class action. To motivate these individuals to be the face of the class and compensate them for their role in the litigation process, courts typically approve named plaintiff incentive awards when such awards are included in settlement offers. Recently, […]
‘Belgium: A model for the transposition of the EU anti-SLAPP Directive’
In its judgment of 15 March 2022 in the case of OOO Memo v Russia, the ECtHR warned for ‘the risks that court proceedings instituted with a view to limiting public participation bring for democracy’. This approach referred to an earlier comment by the Commissioner for Human Rights of the Council of Europe calling for […]
‘The AI Act provisions relating to copyright – Possibility of private enforcement? Germany as an example’
The EU AI Act contains some provisions that have a copyright connection. Examples are the obligation for providers of general-purpose AI models to establish a policy to respect the rights reservation in Art 4(3) DSM Directive 2019/790 (Art 53(1)(c) AI Act) and their obligation to provide a sufficiently detailed summary about the content used for […]
‘Reforming the law of apologies in civil proceedings – Consultation outcome’
This document is the post-consultation report for the consultation paper Reforming the Law of Apologies in Civil Proceedings in England and Wales. It will cover: the background to the report; a summary of the responses to the report; a detailed response to the specific questions raised in the report; the next steps following this consultation […]
Paul Wragg, ‘SLAPPs in England and Wales: The Issues and the Evidence’
ABSTRACT In light of the UK government’s renewed commitment to introduce further measures concerning SLAPPs, this paper identifies significant definitional and evidential issues that remain undiagnosed and under-explored in anti-SLAPPs lobbying successes to date by which prospective legislative change has been heavily influenced. It argues for a moratorium on further legislative change unless and until […]
Monica Taylor, ‘Preparing the access to justice sector for climate change: insights from Australian lawyers’
ABSTRACT Despite climate change increasing, there is little evidence about the preparedness of access to justice agencies to anticipate and respond to climate change impacts. This article reports on the findings of a qualitative mixed methods study into lawyers’ perceptions about how equipped the Australian legal assistance sector is to respond to climate change when […]
Helland and Givati, ‘Mass Tort Advertising and Multidistrict Litigation Filings’
ABSTRACT Mass tort multidistrict litigation (MDL) cases have gradually become a dominant component of the US federal civil caseload. At the same time, plaintiffs’ lawyers who specialize in mass tort MDLs have spent millions of dollars on TV advertisements seeking clients. What is the effect of mass tort TV advertisements on MDL filings? We use […]
Daniel Newman, ‘Access to justice policy: legal aid in post-war UK general election manifestos’
ABSTRACT This paper explores access to justice policy in England and Wales. This is achieved through a legal history approach analysing the treatment of, an important element of such policy, legal aid in UK general election manifestos. The paper covers the period from 1945, with the creation of the welfare state and the introduction of […]