240 research outputs found
Trading in legal claims: law, policy and future directions in Australia, UK and US
No full textThis book analyses law and policy issues regarding the creation of markets for trading in legal claims. The author reviews the current positions in Australia, UK and US regarding claim alienability and provides a comparative analysis of the divergent paths that have developed in each, all of which portend towards claim commodification. The author also examines the regulatory options to ensure that claim holders in a legal claim market would be protected from exploitation and that the market operates fairly and efficiently. The book reviews costs and abuse of process issues that could arise and conflicts of interest that may exist between claimholders, lawyers and entrepreneurs. The author argues that legal claim markets are justified on both policy and efficiency grounds as a means of improving access to justice
Global wine regulation
No full textWine is a special agricultural commodity that has been characterised as a symphony of romance, civilization, culture and rural artisanship. It has also been described as one of the world's most heavily regulated commodities. For example, wine is one of the few commodities singled out by the World Trade Organization TRIPS Agreement. For all those who appreciate wine and are interested in the intersection between wine and the law, Global Wine Regulation provides a comprehensive overview of international and national wine regulation. It discusses the environmental regulation of vineyards and the wine making process; wine and the allocation of water rights; wine and health; wine and employment law; how the law protects wine identity; wine distribution agreements; the regulation of wine making; the taxation of wine making and wine retailing; as well as contemporary issues affecting the wine business.
The wine industry is truly global. While this book has an Australian focus, it compares and contrasts wine regulation from major wine producing countries around the world, thus providing the reader with a comprehensive and unique overview of both international and national wine regulatio
Omnia Andreae Alciati V.C. Emblemata : cum commentariis, quibus emblematum detecta origine, dubia omnia, et obscura illustrantur /
No full textEngraved title-page incorporating a portrait of the author by Jakob de Weert; woodcut illustrations of emblems throughout.Includes index.Signatures: ã⁸ ẽ⁸ ĩ⁸ A-3P⁸ 3R⁴.Landwehr, J. French, Italian, Spanish, and Portuguese emblem books,Mode of access: Internet.Bound in old vellum; ink title on spine; extensive notes on front pastedown; stamp with monogram and motto on front pastedown
Assessing multilateral vs. bilateral agreements and geographic indications through international food and wine
No full text
The initiation and operations phase of the litigation funder – class action law firm relationship
No full text
Purpose
Drawing on “Strategic Alliance” literature and qualitative research methods, the purpose of this study is to examine the initiation and operations phases of the relationship between Australian litigation funders and class law firms. The initiation phase examines factors such as complementarity between needs and assets compatibility between the funder and the class law firm goals of the alliance trust and alliance structure. The operations phase considers factors such as governance, communication and risk management and accountability. Because of its focus on the fairness of settlement, case law provides limited understanding of the drivers of the class law firm and funder relationship. An “inside look” of how the funder-law firm is initiated and made operational provides a more accurate picture and has important implications for the management of the ethical issues that arise during the course of that relationship.
Design/methodology/approach
This paper is a content analysis and contains qualitative interviews.
Findings
The strategic alliance between class law firms and litigation funders has evolved within an institutional climate that has acknowledged the benefits that the alliance can bring to the conduct of class actions. That same institutional environment has led to an alliance which is informal and transactionally oriented, where each of the parties maintains a demarcation in function. Although they share aspects of the strategic management of class actions, funders continue to be diligent monitors of class law firms, and class law firms continue to advance the legal rights of class members.
Research limitations/implications
It is observed that the size of the sample is small driven by a number of market participants.
Practical implications
The paper confirms that the litigation funder–law firm strategic alliance works well as a result of institutional constraints.
Social implications
Each of the alliance partners was keen to ensure that neither they nor their partner acted in a way which might attract judicial disapproval. Each also believed that they played a positive role in promoting class member interests, albeit that their primary motivation was to earn fees or a commission. The success of the alliance between class law firms and litigation funders has substantially improved access to justice in Australia for small claims holders.
Originality/value
The paper provides insight into a strategic alliance which is formed primarily for the benefit of third parties. This is one of the first papers to consider the litigation funder–law firm relationship through the lens of strategic alliance literature.
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