منابع مشابه
Disgorgement as an Antitrust Remedy
My topic is an antitrust remedy that is legally available, enormously powerful, but seldom used—disgorgement. I want to ask what explains the rare usage of this remedy in antitrust cases and whether the reasons for its historic backstage status continue to apply today to dominant firm misconduct. More provocatively, given the growing obstacles to private and class action damage suits and the fr...
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It is well known that road safety issues are closely dependent on both pavement structural damages and surface unevenness, whose occurrence is often related to ineffective pavement asset management. The evaluation of road pavement operability is traditionally carried out through distress identification manuals on the basis of standardized comprehensive indexes, as a result of visual inspections...
متن کاملContractual Performance, Corrective Justice, and Disgorgement for Breach of Contract
This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of correc...
متن کاملThe Campeche Bay Blow Out: A Strict Liability Approach to Damages Resulting from Offshore Drilling Accidents
Examines what avenues are open to establish a legal procedure to ensure compensation for parties injured as the result of accidents caused by offshore drilling rigs. Concludes that there is a need to impose strict liability standard on those parties engaged in offshore drilling for damages caused by such activities. THE CAMPECHE BAY BLOW-OUT: A STRICT LIABILITY APPROACH TO DAMAGES RESULTING FRO...
متن کاملDistribution of Damages in Car Accidents through the Use of Neural Networks
After a traffic accident the damage has to be fairly divided among the parties involved, and a ratio has to be determined. There are many precedents for this, and judges have developed catalogues suggesting ratios for common types of accidents. The problem that "every case is different," however, remains. Many cases have familiar aspects, but also unfamiliar ones. Even if a case is composed of ...
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ژورنال
عنوان ژورنال: The Journal of Legal Studies
سال: 2015
ISSN: 0047-2530,1537-5366
DOI: 10.1086/684294