Posts Tagged ‘Legal Information’
January 31, 2013
Marko Milanovic (University of Nottingham School of Law) has posted “Domestic Court Decisions as Sources of International Law and Their Effects on the International Plane”. The abstract reads:
This was an introductory paper at the Third ILDC Colloquium, held at the University of Glasgow, 19 May 2011. It broadly covers two sets of issues: first, the place of the decisions of domestic courts within the doctrine of sources in modern international law, and second, the myriad of effects that these decisions can have on the international plane. It discusses inter alia the role of domestic courts as agents of international legal development and socializers of states through norm internalization, as well as their roles in generating, avoiding or resolving international disputes and checking international law and institutions against other norms and values.
Download a pdf copy of the paper at SSRN here.
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Tags:International law, Law, Legal Information, United States, University of Glasgow
Posted in domestic courts, International, international law | Leave a Comment »
June 2, 2012
I had the privilege of co-presenting with David Whelan, Manager, Legal Information, Law Society of Upper Canada (LSUC) at the LSUC’s 7th Annual Solo and Small Firm Conference and Expo (Two-Day Program) (View Program Agenda (PDF)). We presented on the topic of ”Using Social Media Tools in a Practical and Ethical Way”.
See David Whelan’s Blog for a copy of his excellent Power Point slideshow and paper.
Here’s my Power Point slideshow:
Here’s a link to a pdf copy of my paper: Using Social Media Tools in a Practical and Ethical Way. Pribetic
Kudos to the Program Co-Chairs for organizing an informative and interesting conference:
Michele Allinotte, Allinotte Law Office (Blog: http://yourcornwalllawyer.com/category/blog/) and
Daniel Pinnington, Vice President, Claims Prevention & Stakeholder RelationsLawyers’ Professional Indemnity Company (LawPro) (Blog: http://avoidaclaim.com/)
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Tags:Business, Facebook, Internet Marketing, Law Society of Upper Canada, Legal Information, Marketing and Advertising, Social media, Twitter, Whelan
Posted in blawging, Blawgosphere, blawgs, blog, Dan Pinnington, ethics, Flawg, Flawging, Flawgosphere, Law Society of Upper Canada, LawPRO, lawyer, lawyers, Legal Ethics, legal marketing, legal practice, legal profession, social media | Leave a Comment »
October 6, 2011
David Rolph (University of Sydney – Faculty of Law) has posted “Corporations’ Right to Sue for Defamation: An Australian Perspective”, Entertainment Law Review, Vol. 22, pp. 195-200, 2011/Sydney Law School Research Paper No. 11/51. Here is the abstract:
As the United Kingdom undergoes defamation law reform, it might be useful to consider recent Australian developments. Across Australia, since 2006, corporations have had the right to sue for defamation severely curtailed. After five years of operation, it is possible to make an assessment of the advantages and disadvantages of this reform. This article analyses recent cases in which corporations have been forced to rely on alternative causes of action, which previously would have been dealt with as defamation claims. It argues that the reform is sound as a matter of principle and policy but that the particular form of the legislative provision requires refinement. In addition, this article points out that there have been unintended and undesirable consequences to this reform.
Download a copy of the paper via SSRN here.
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Tags:Australia, Defamation, Freedom of speech, Law, Law reform, Legal Information, United States, University of Sydney
Posted in Australia, defamation, free speech, Freedom of expression, freedom of speech, injunctions, media | Leave a Comment »
June 1, 2011
Tanya J. Monestier (Roger Williams University School of Law) has published “Transnational Class Actions and the Illusory Search for Res Judicata”, Tulane Law Review, Vol. 86, p. 1, 2011/Roger Williams Univ. Legal Studies Paper No. 105. The abstract reads:
The transnational class action – a class action in which a portion of the class consists of non-U.S. claimants – is here to stay. Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the “home” courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign class members. The more likely the foreign court is to recognize a U.S. class judgment, the more likely that an American court will include those foreigners in the U.S. class action.
Current scholarship accepts propriety of the res judicata analysis, but questions the manner in which the analysis is carried out. This Article breaks from the existing literature by arguing that the dynamics of class litigation render the res judicata effect of an eventual U.S. class judgment inherently unknowable to a U.S. court ex ante. In particular, I argue that certain “litigation dynamics” – specifically the process of proving foreign law via experts, the principle of party prosecution, and the litigation posture of the action – complicate the transnational class action landscape and prevent a court from accurately analyzing the res judicata issues at play. This is exacerbated by the “structural dynamics” of class litigation: the complexity of foreign law on the recognition and enforcement of judgments; the newness of class action law in most foreign countries; and the distinction between general and fact-specific grounds for non-enforcement of a U.S. class judgment. Accordingly, I argue that U.S. courts should abandon their illusory search for res judicata. Instead, courts should avoid the res judicata problem altogether by employing an opt-in mechanism for foreign class plaintiffs, whereby such plaintiffs are not bound unless they affirmatively undertake to be bound by U.S. class judgment. An opt-in mechanism for foreign plaintiffs also provides several advantages over the current opt-out mechanism: it allows all foreign claimants to participate in U.S. litigation if they so choose; it provides additional protections for absent foreign claimants; it respects international comity; and it sufficiently deters defendant misconduct.
A copy of the paper is available for download at SSRN here.
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Tags:Class action, Court, Courts of the United States, Law, Lawsuit, Legal Information, Res judicata, United States
Posted in class action, class actions, Tanya J. Monestier, Transnational, Transnational Law, transnational litigation | Leave a Comment »
May 24, 2011
Luca G. Radicati di Brozolo (Catholic University of Milan) has posted “Res Judicata in International Arbitral Awards”. The abstract reads:
The paper analyses the sources of the res judicata effect of international arbitral awards. It discusses the problems inherent in the application of the rules of domestic law governing the res judicata effects of national judgments and the approach of international arbitrators and of national courts. It then proposes the development of ad hoc transnational principles to govern the subject matter, and focuses in particular on the Recommendations on Res Judicata in International Commercial Arbitration of the International Law Association.
A copy of the article is available for download on SSRN here.
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Tags:International Commercial Arbitration, International Law Association, Law, Lawsuit, Legal Information, Res judicata, United States
Posted in arbitration, arbitration clause, international arbitration, international commercial arbitration, International Commercial Law, res judicata | Leave a Comment »
Antonin I. Pribetic
