Chapter 11 presents the central elements of German procedural law before focusing more specifically on private law procedure and criminal law procedure. German procedural law is widely treated as an example of inquisitorial justice. The chapter uses articles from renowned comparative law scholar John Langbein to consider the unique features of German procedural law in the private and criminal law setting. The increasingly adversarial character of private law procedure is discussed using the example of class action suits. The increasing adversarial character of criminal law procedure is discussed using the example of plea bargains.

Marketing analyzes the behavior of buyers and sellers and often does so at the individual or segment level. Thus, differences among sellers or heterogeneity among buyers are often areas of focus for marketing analysis. Much of the class certification process involves assessments regarding the similarity – or lack thereof – in class members’ situations. This has made marketing and its analytic tool kit for examining markets at the disaggregate level well suited to provide insight into key issues in class certification.

This chapter provides an overview of the antitrust laws. We begin with some historical background and move on to explore the economic rationale for having a public policy that protects and promotes competition. The pertinent sections of the Sherman Act, the Clayton Act, and the Federal Trade Commission Act are presented, and their coverage is explained briefly. The importance of both public and private enforcement efforts is discussed.

The next battleground involves the admissibility of sovereign bond claims in investment treaty arbitration, which emerges as a complicated issue particularly when a large group of bondholders bring a case as a bundle against the debtor sovereign. To attain an appropriate balance between bondholder protection and respect for orderly debt restructuring, this study has conceptualised investment arbitration proceedings as a supplemental leverage available for bondholders as a group by which a stay of arbitral proceedings is imposed and lifted amid the fair progress of sovereign debt restructuring processes.

Chapter 9 examines environmental torts with a focus on the special rules and doctrines developed since the 1980s and under the Tort Law (2009) and relevant judicial interpretations of the SPC. Although most pollution-triggered disputes are resolved by mediation, courts offer the crucially important last resort for China’s most aggrieved and stubborn victims of pollution to seek remedies. Their efforts in seeking access to justice have helped shaping and reforming the rules and practice of environmental tort law to address the difficulties in the collection of evidence, assessment of damage, case acceptance by court, and enforcement of judgment. The chapter starts with exploration of the long journey to establish the rule of no-fault liability as an exception to the conventional fault-based liability by both judicial interpretation and legislation. It then examines the causal link between defendant’s acts and plaintiff’s loss or injury and the rule on the shift of burden of proof from plaintiff to defendant. As environmental torts often involve multiple tortfeasors and large number of victims, the chapter further investigates forms of liability among multiple tortfeasors, class action and remedies. It concludes with discussion of judicial mediation as a preferred option for settling disputes in court.

This chapter sets forth the guidelines for systemic litigation. This chapter examines the Supreme Court’s decision Wal-Mart Stores, Inc. v. Dukes, explaining how the Court has redefined the standard for commonality. Next, this chapter examines the Fair Labor Standards Act – which creates the federal requirements for wage/hour claims. This chapter then examines the federal district court decision in O’Connor v. Uber, which permitted the aggregation of a class on the worker classification issue. This chapter further examines the potential harm of the O’Connor analysis and the need for more clarity in the technology sector. This chapter proposes a framework for analyzing whether class action claims should be permitted to proceed in technology-based cases. Finally, this chapter explores how Federal Rule of Civil Procedure 23(c)(4) – issue class certification – can impact the analysis of class action cases.

This chapter recounts the Marcos case, in which an American jury held Ferdinand Marcos’ estate liable for torture, disappearance, and extrajudicial killing and awarded a class of 10,000 plaintiffs close to two billion dollars in damages. The case has been applauded as a victory of the rule of law over arbitrary power, and a sign of the United States’ commitment to international human rights.This chapter offers a different view of the relationship between abuses under Marcos on the one hand, and law and the United States on the other. In Marcos, the chapter shows, because the lawsuit took the form of a class action against a former head of state, the human rights violations were presented by both plaintiffs and court as systematic policy, in contrast to the US courts’ individualized portrayal of violence in Filártiga. Yet the historical narrative produced by the courts was nonetheless highly distorted, as it whitewashed two key structural foundations of repression under Marcos: US support for the regime, as well as the regime’s extensive use of legal discourse to legitimate and implement repressive policies.

I explain the key contributions of my book and the implications that my book has on corporate law and governance

I explain the key contributions of my book and the implications that my book has on corporate law and governance