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New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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Justices take up Native health care funding cases and a dispute over sentencing guide

SCOTUSBlog

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The justices granted review in two cases, Becerra v. And in Erlinger v. du Pont de Nemours v.

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Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Conflict of Laws

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. In late 2023, LSEW committed “to being net zero by 2030” in its operations.

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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

Statute has left little of the common law untouched. US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). First, a statute may impose a choice of law rule directing the application of the lex fori where a connecting factor is established.

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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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The long conference’s relists

SCOTUSBlog

King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co. 26 conference) King v.

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