An increasing trend of economic agents is to form productive associations such as networks, platforms, and other hybrids. Subsets of these agents contract with each other to further their network project and these contracts can create benefits for, or impose costs on, agentswho are not contract parties. Contract law regulates third party claims against contract parties with the third-party bene...

Section 78 of PACE gives the courts a discretion to exclude from a criminal trial evidence which has been obtained unfairly. The section has resulted in much case law. This article is an attempt to analyse the principles which the courts use to decide whether or not to exercise the discretion to exclude. It starts by examining the decisions of the appellate courts in order to try to identify th...

Anticompetitive conduct in the healthcare industry is often hard to detect, and has been ignored by some courts that appear to lack an understanding of managed care and its significance in maintaining price competition. These courts have adopted an approach that is far too historical and mechanistic, and is characterized by outdated factors analyzed in isolation from each other. In order to pre...

Appellate courts, which have the most control over legal doctrine, tend to operate through collegial (multimember) decision making. How does this collegiality affect their choice of legal doctrine? Can decisions by appellate courts be expected to result in a meaningful collegial rule? How do such collegial rules differ from the rules of individual judges? We explore these questions and show tha...

Although researchers have consistently demonstrated the importance of confidence in public institutions like the courts, relatively little attention has been paid to understanding what confidence itself really is. This article presents data from two samples of community members, thereby building on and extending a preliminary investigation that sought to understand constructs related to confide...

This paper assesses the parens patriae orientation, which is often considered to beat the core of the operation of juvenile courts, and discovers that existing ideas concerning its role must be revised. In opposition to common theory it appears that parens patriae at best shares influence with a number of other orientations in juvenile courts, and may even no longer exist as a distinct, unified...

Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Articl...

This article adopts the view that the courts in developing countries can play an important role in improving access to medicines in their countries if they incorporate a right to health perspective when adjudicating patent cases involving pharmaceutical products. The article argues that, since patent rights are not human rights, they should not be allowed to trump the right to health. The paper...

A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that we...

The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several me...