Chapter 10 provides an overview of the role and functions of private enforcement within regulatory regimes and the availability of redress. It draws attention to different ‘models of legal responsibility’ upon which regulatory regimes rely in allocating and distributing legal rights and duties between those who are subject to regulation and those whom regulation is intended to protect (‘regulatory beneficiaries’). This chapter is the most legally focused chapter in the volume, selectively highlighting several features of the institutional and enforcement context in which regulation occurs. Examples are private litigation, collective redress mechanisms, the role of courts as authoritative and final interpreters of the law and ‘alternative’ avenues for redress.

This chapter considers self-help remedies, which involve the plaintiff making good her own rights without the intervention of the judiciary. The focus of this book is on remedies that are awarded pursuant to a judicial order. However, an exclusive consideration of judicial remedies would ignore the fact that most disputes are settled outside the courts and that most parties prefer non-judicial settlements. It may be queried whether self-help remedies are really remedies in the strict sense of the word. They do not involve a court order; instead, the court gives permission to a plaintiff to act in a particular way. Nevertheless, in a broader sense, the plaintiff is allowed to redress her grievance by vindicating her own rights. By allowing a plaintiff to redress her rights in this way, the law affirms and reinforces the importance of certain interests. As noted in Ch 13, Varuhas has observed that the interests protected by vindicatory awards are often associated with the torts actionable per se.

The chapter addresses the penal regime of international criminal jurisdictions, focusing primarily on the law and practice of the UN ad hoc tribunals and the International Criminal Court (ICC). It sets out the categories of penalties which may be imposed by international criminal courts and tribunals for the core crimes and the offences against the administration of justice. The chapter sets out the commonly-adduced general purposes for punishing perpetrators of international crimes (retribution, deterrence, rehabilitation, etc.) and addresses the extent to which the punishment rationales acknowledged at the national level remain valid within the international penal regime. It analyses the international jurisdictions’ sentencing principles and practice, in particular the need for the individualization of penalties while ensuring consistency in sentencing and the relative weight accorded to aggravating and mitigating circumstances in determining the appropriate sentence. The chapter also surveys the procedures at sentencing, in particular the option of following the unified or bifurcated process for the determination of the guilt or innocence and, if appropriate, the sentence, as well as the arrangements adopted for pardon, early release (commutation) and review of sentences.

Tells story of 1787 Constitutional Convention focusing on how and why impeachment was included in the constitutional design. Describes the unique design of American impeachment and how it differs from prior British practice. Focuses particularly on the kinds of officials who are impeachable, the mechanism of impeachment, the standard of impeachable conduct, and the consequences of impeachment.

There is consistent observational evidence and biological plausibility for the hypothesis that regular cannabis use is a contributory cause of psychosis. The evidence is at least as strong as that for causal relationships between heavy alcohol and amphetamine use and psychosis. On the grounds of prudence, the evidence warrants organized efforts to discourage regular cannabis use among adolescents and young adults. Clinical services should specifically identify young adults with psychoses who use cannabis and encourage them to desist. We need to develop preventive programmes that effectively inform young people about the mental health risks of early and frequent cannabis use. Jurisdictions that have legalized cannabis for medical or recreational use should regulate cannabis products in ways that reduce young people’s access to high potency products at an early age and prevent cannabis retailers from promoting more frequent and longer-term cannabis use among young adults.

Sanctions are not only central to competition law enforcement for their punitive and deterrent value but are also important indicators of the successful performance of competition law authorities. The Indian and Pakistani competition legislations empower the CCI and CCP to impose both monetary and behavioural sanctions as appropriate, and in the years they have been operational, both authorities have utilised the full range of these powers, albeit with varying success. This chapter examines the penal strategies of the CCI and the CCP as manifested in the sanctions and penalties that they have imposed over time, and argues that these strategies as well as the extent to which the CCI and CCP have succeeded in recovering the penalties are directly impacted by the compatibility and legitimacy generated in the adoption process, and indirectly impacted by the establishment of success of these countries in adopting the competition enforcement infrastructure envisaged in the adopted legislations.

W. E. B. Du Bois said that race was the major issue of the twentieth century, and it may be that, based on the last forty years beginning at the end of that century, it is inequality as well as race that pose the major challenges of this century.1 The decline of organized labor first obtained the attention of commentators in the early 1960s and has galloped along at a crescendo-like pace during the past fifty years, accelerating during the Reagan era and continuing steadily into this century – and simultaneous with it the growing gap between productivity and pay, particularly since 1979 (productivity enjoying a 69.6 percent increase with hourly pay only increasing by 11.6 percent).2 As can be seen in Figure 8.1, Between 1973 and 2016, productivity grew six times faster than compensation. Initially, “[r]apid productivity growth brought rising prosperity to all, as Western societies rode the wave of expanding factory employment.”3

Because quality is multidimensional with costs sometimes hard to measure and because many attributes can be quite difficult to verify, both ex ante and ex post, there is a role for a specific intervention on quality of service in regulated industries. The main role of regulation is to minimize the risks of unreliability of services and overinvestment in marketing, and to ensure that pricing is efficient, fair and financially sustainable. These risks are influenced by the specific choice of price regulation. High-powered regimes such as price caps are likely to lead to underinvestment while low-powered regimes such as cost-plus or rate-of-return regulation are likely to lead to overinvestment in quality. To minimize the risks of mistargeting intervention, budgets allocated to quality control and audits have to match the monitoring and enforcement requirements. To reduce information asymmetries, benchmarking, certifications and quality assessments produced from user surveys offer solutions. Fines and penalties to reduce the incentives to cheat must be set to ensure that cost savings linked to non-compliance with quality obligations are at least wiped out.

Ecclesiastical courts were rightly seen by nineteenth-century thinkers as a closed shop, a court system separate from the general court system which had its own proctors, advocates and judges. These courts had jurisdiction over the laity in a number of matters such as marriage, burial and probate of wills, though this changed during the century. The chapter describes the attempts at reform, and the difficulties with discipline of the laity as well as clergy that were addressed in the course of legislative change. Appeal lay with the secular courts and here too lay problems, where the Judicial Committee of the Privy Council served as the final court of appeal

Chapter 8 examines legal actions brought against predatory subprime lenders and servicers. It briefly summarizes the results of allegations of fraud and violation of various federal and state securities and financial services law. This chapter also provides contextual analysis relating to claims brought against lenders under anti-discrimination law. The chapter commences with a brief overview of the types of settlements negotiated, and then turns to the specific financial firms that issued or serviced predatory mortgages and residential mortgage-backed securities. It unpacks, to the extent that public disclosures have allowed us to research, how the money, intended in part for consumers, is actually used. The chapter analyzes how the money from the settlements could have been more equitably distributed, and could have offered different signals to the mortgage industry going forward in such a way as to prevent the most recent forms of predatory lending. For the most part, investors in these banks, brokerage and servicing firms appear to have recouped a sizable amount of their losses. Consumer borrowers are not as fortunate.