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Methodology in State Constitutional Rights Interpretation

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into ... More


Market Abuse Deterrence Under a Civil Liability Regime

EMILIOS AVGOULEAS

in The Mechanics and Regulation of Market Abuse: A Legal and Economic Analysis

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199244522
eISBN:
9780191715105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244522.003.0009
Subject:
Law, Competition Law

This chapter discusses the deterrent force of private enforcement in cases of insider dealing and market manipulation. Private enforcement in the present context means actions in damages by investors ... More


Violation of a Statutory Rule

Cees van Dam

in European Tort Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227679
eISBN:
9780191710414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227679.003.0009
Subject:
Law, EU Law

Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law ... More


Violation of a Statutory Rule

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0009
Subject:
Law, Law of Obligations, EU Law

This chapter discusses the rules governing liability for damage caused by the violation of a statutory rule. It examines the national rules in England, Germany, and France. The first requirement of ... More


The State as a Fiduciary

Andrew S. Gold

in The Right of Redress

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198814405
eISBN:
9780191851933
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814405.003.0006
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter analyses the state’s responsibility to provide a venue for civil recourse (ordinarily, by means of a private right of action). Civil recourse theorists have explained the state’s ... More


Legislative Reform: 2000 through 2012

Carol E. Jordan

in Violence against Women in Kentucky: A History of U.S. and State Legislative Reform

Published in print:
2014
Published Online:
September 2014
ISBN:
9780813144917
eISBN:
9780813144924
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813144917.003.0010
Subject:
History, Family History

Chapter 9 outlines the legislative reforms that took place in Kentucky from 2000 through 2012. It begins by describing the events that held the attention of the Commonwealth’s citizens during the ... More


Tort Law and Responsibility

John C.P. Goldberg and Benjamin C. Zipursky

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

Tort law enables injury victims to hold tortfeasors responsible for having wrongfully injured them. Yet, somehow, modern torts scholarship has largely obscured the centrality of responsibility to ... More


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