Category Archives: Remedies and Procedure
Diana Pogosyan, ‘Issues Arising Out of Mass Arbitrations and Solutions to Combat Them’
ABSTRACT Arbitrations have been around for thousands of years. The benefits derived from arbitrations are numerous, as they provide individuals with a more efficient and cost-effective way of disputing their claims. Importantly, arbitrations provide consumers with a network to dispute claims they may not otherwise litigate in civil court. However, within the last few years, […]
David Capper, ‘Remedies For Mass Harms In The Global Supply Chain’
ABSTRACT Mass harm cases require an extremely high level of case management. Along with this they are extremely costly, both on an ongoing basis and in terms of the costs that would be payable to a successful defendant if the litigation fails to establish liability. This paper examines the procedural mechanisms and the funding sources […]
Juan Amaya-Castro, ‘Law and Social Traceability: Global Value Chains with a Human Face?’
ABSTRACT This paper proposes that contemporary efforts to govern Global Value Chains (GVCs), to reduce the various negative externalities that they generate, focus on the construction of a legal infrastructure that has traceability as its central function. Traceability refers to the ability to track the history, application, and location of a product or process throughout […]
Ivy Tengge Xu, ‘Contractual Interpretation of the Standard of Review in International Commercial Arbitrations’
ABSTRACT The judicial review of arbitral awards bears an intuitive similarity to the review of administrative decisions. Despite their reluctance, Canadian courts have long used administrative law concepts and statutory interpretation to determine the standard of review when an arbitral award is challenged in court. This paper considers a novel alternative: contractual interpretation of the […]
Staffan Lundén, ‘Distorting history in the restitution debate. Dan Hicks’s The Brutish Museums and fact and fiction in Benin historiography’
ABSTRACT The debates on the ownership of contested cultural objects bring forth questions regarding the representation of history. But might these debates also lead to the fabrication of history? Previous research has analyzed how the British Museum’s anti-restitution position contributes to its distortion of British (Museum) history. Instead, this article considers if – and, if […]
Martin Flores, ‘New, Derivative: Third-Party Litigation Finance and Derivatives Regulation’
ABSTRACT Litigation finance is globally abundant and largely unregulated in the United States. The mechanics behind third-party litigation finance are simple: The funder fronts litigation costs in exchange for a promised share of the proceeds if the litigant succeeds. While the normative debate about the value of these contracts in society endures, the litigation finance […]
Christopher Ryan, ‘Class Action Cy Près Revisited’
ABSTRACT This symposium article revisits the use of the cy-près doctrine in class action litigation, exploring its historical origins, modern application, and economic implications. It traces cy près from its charitable trust roots to its controversial adoption in class action settlements as a solution for unclaimed award funds. The article highlights how cy-près distributions often […]
Seth Katsuya Endo, ‘Targeting Third-Party Litigation Funding Reform’
ABSTRACT A billionaire spends $10 million to finance lawsuits that ultimately bankrupt a media company after it published personal details about him. Two major philanthropic organizations financially back litigation efforts to defend tobacco-control laws against lawsuits brought by the industry. A pastor forms a nonprofit that raises millions to tear down gun laws through aggressive […]
Lindsey, Doyle and Wazynska-Finck, ‘Securing therapeutic justice through mediation: the challenge of medical treatment disputes’
ABSTRACT This paper explores the use of mediation in medical treatment disputes through the lens of therapeutic justice (TJ), a concept developed in the 1990s to consider the therapeutic and anti-therapeutic effects of justice systems. The paper argues that mediation may be a mechanism for achieving therapeutic effects for people involved in medical treatment disputes. […]
Christopher Storm, ‘A Series of Historical Accidents, Profits Versus Damages In Reasonable Royalty Calculations’
ABSTRACT The Patent Act of 1946 banned infringer profit awards in utility patent cases by restricting all compensatory awards, including reasonable royalties, to the value of actual damages suffered and by eliminating infringer profits from reasonable royalty estimations. In 1964, the Supreme Court confirmed in Aro Manufacturing v Convertible Top Replacement Co that the 1946 […]