Twenty-five years have elapsed since the equality provisions of the Charter of Rights and Freedoms came into force for Canadian institutions. During this time courts and human rights tribunals been called upon to describe what equality rights mean for Canadians with disabilities. Parents of children with disabilities have used these processes as a way of clarifying their child’s right to an education and resolving disputes about the provision of special education programming and services. This study builds upon and extends the body of research conducted between 1985 and 1998 that identified the influence of court and tribunal decisions on special education policies across Canada. The goal of this study is to identify how Charter equality provision litigation between 1999 and 2008 has influenced the continued refinement of special education policy frameworks across the country. / Special Education

This thesis analyses legal disputes between village communities and oil companies in Nigeria. We have three principal aims. First, the thesis is an attempt to provide a detailed analysis of the nature of legal disputes between oil companies and village communities in Nigeria, particularly in the light of the rise in oil related litigation. Second, the study of litigation is meant to serve as a window to an understanding of social conflicts between village communities and oil companies. Third, the thesis is aimed at making a contribution to the research and the debate on the role of multinational companies in developing countries and on the day-to-day operations of African legal systems. The thesis is organised as follows. Section two analyses the political context of oil operations. Section three provides an introduction to the legal framework by discussing Nigeria's formal legal institutions and oil related statute law. An analysis of a survey of Nigerian lawyers in section four is aimed at evaluating the constraints and opportunities faced by potential and actual litigants in oil related litigation which can either encourage or discourage litigants from engaging in litigation. Focusing on issues such as oil spills and compensation payments for land acquisition, factual evidence from court cases in section five illustrates the adverse impact of oil exploration and production on village communities with a view to identifying the sources of conflict between oil companies and the local populace. A detailed analysis of litigation in section six reveals the principles of tort law upon which oil related cases are based, the legal defences employed by oil companies and legal innovations in oil related cases. Section seven concludes the thesis.

京都大学 / 新制・課程博士 / 博士(地球環境学) / 甲第23559号 / 地環博第216号 / 新制||地環||41(附属図書館) / 京都大学大学院地球環境学舎地球環境学専攻 / (主査)教授 宇佐美 誠, 教授 諸富 徹, 准教授 TRENCHER Gregory / 学位規則第4条第1項該当 / Doctor of Global Environmental Studies / Kyoto University / DGAM

Administrative Litigation have two function which include to achieve ¡§right to get protection¡¨ (Ubi jus ibi remedium) and result of protection for administrative litigation have to match the timing otherwise the late of justice is not justice. Whether the work of administrative litigation is achieve above two function is dependent on the type of administrative is complete or not. Firstly, the essay is to introduce the type of legislate of administrative litigation in improved country England America French Germany Japan and Taiwan. It has also introduced Taiwan administrative litigation as one independent charter which base on across of two strait Taiwan and mainland China have got the same culture and contact to each other very often. Secondly, to introduce the history, process and basic theory of administrative litigation system in order to understand the background of administrative litigation system in China. Further more to discuss the type of China¡¦s administrative litigation. Finally list three suggestions as conclusion.

Thesis (MBA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Legal costs in South Africa are generally regarded as being too high. This leads to numerous problems. For example, a person with a valid dispute who cannot afford to have the dispute resolved in court, has limited access to justice, which is a constitutional right. The two methods that are most commonly used by attorneys engaged in litigation in South Africa to account to their clients are: Hourly billing, where clients are billed for the time spent on a matter or for the volume and number of documents created, and contingency fees, also known as “no win no fee” arrangements. Both these billing systems have disadvantages, including the incidence of risk during the litigation process and the incentive to the attorney to act in the client’s best interest. It is submitted that a fixed fee structure would resolve many of the problems experienced by the traditional billing methods. The challenge is to arrive at a fixed fee structure which is based on a proper analysis of the amount of work involved in the legal process. In order to calculate such a fixed fee structure, the legal process has to be broken into a number of steps and sub-steps, and each of these steps should then be analysed to ascertain how much work it entails. The aim of this study is to arrive at a model for a fixed fee structure which can be implemented at other law firms that are also engaged in litigation work. Primary billing data obtained from the author’s law firm was analysed to ascertain the various steps in the legal process, and to calculate the expected amount of work involved in each step. This data was then used to develop a fixed fee structure model which can be adopted by any litigation law firm, by merely multiplying its own current hourly billing fee structure with the values provided in the model. Certain practical problems which may be encountered during the implementation of the fixed fee structure are also discussed and possible alternative solutions are provided.

This thesis critically analyses the Australian law of jurisdiction in private international litigation. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. In recent years, jurisdiction has certainly overtaken choice of law in practical importance. This emphasises the need for critical academic study of the law of jurisdiction. This thesis addresses this need. It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. This thesis is in five related parts. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. The second part critically analyses the present law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last 100 years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts' wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. The present principles, in short, permit the courts to take jurisdiction in too many cases, and require them to decline to exercise jurisdiction in too few cases. The third part examines how the principles on declining jurisdiction operate in practice. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. In practice, strong grounds are easily shown. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. The relevant factors are identified in terms of the interests of foreign states, individual litigants' interests and the forum state's interests. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. This also implies that reform of the principles is warranted. The fifth part considers how Australian jurisdictional principles could be improved. Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community's Regulation on Jurisdiction and Judgments. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed. Specific principles for declining jurisdiction are also proposed. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.

Class of 2005 Abstract / Objectives: To quantify the initial short-term market response of product liability litigation in appellate courts against vaccine manufacturers between 1987 and 2003. Methods: This project used a retrospective data analysis. The study analyzed appellate court decision found searching the legal research section of Lexis-Nexis® between 1987 and 2003. A single index market model was used to examine an event window of (-1, +1) and calculate a cumulative abnormal return for one of three categories; outcome in favor of the plaintiff, outcome in favor of the defense, or case dismissal. Results: Overall, this study investigated vaccine-related litigation. Thirty-three lawsuits were found involving 12 separate parent companies and ultimately lead to 82 separate incidences. A majority of the cases involved litigation concerning thimerisol (n =12, 36%). Following inclusion and exclusion criteria for the appellate court rulings, 9 cases were in favor of plaintiff, 10 cases were in favor of the defense, and 14 cases were dismissed. Appellate rulings favoring the plaintiffs were found to be negative and statistically significant, with cumulative abnormal returns equaling -1.39% during the (-1,+1) event window (p < 0.05). The mean cumulative abnormal returns for rulings favoring the defense or case dismissals were statistically insignificant at 0.49% and -0.29%, respectively Implications: Product liability litigation against vaccine manufacturers can produce significant negative short-term security price returns, which can be a disincentive for corporations to invest in vaccine development and production.

This thesis, written in conjunction for the School of Law and Graduate School of Philosophy offers a legal and theoretical exploration of gendered pseudonymous litigation. Pseudonymous litigation, most commonly the use of “Jane Doe" or "John Doe” seeks to provide anonymity for parties in litigation concerning sensitive matters. However, this traditional practice inserts bias into the legal process by indicating the gender of the parties. Not only does this allow for bias based on gender, but it can also allow for bias based on sexual orientation and can prevent non-binary and transgender individuals from being able to identify properly. This thesis explores these concerns and advocates for eliminating the use of gendered party names and pronouns in pseudonymous litigation.

No abstract / Mini Dissertation (MPhil)--University of Pretoria, 2019. / Public Law / MPhil / Unrestricted

In 1995 Congress passed the Private Securities Litigation Reform Act to address several perceived abuses in securities fraud class actions. In the aftermath of Enron, WorldCom, and other high profile securities litigation, critics suggest that the law made it easier for firms to escape securities fraud liability and thus created a climate conducive to fraud. Proponents maintain that the PSLRA has deterred the filing of nonmeritorious cases. This article explores whether the PSLRA achieved Congress's twin goals of "curb[ing] frivolous, lawyer-driven litigation, while preserving investors' ability to recover meritorious claims." The empirical evidence suggests that, in many respects, the PSLRA did achieve several of Congress' goals. There has been a reduction in the number of securities class actions filed. The PSLRA has improved overall case quality, particularly in the circuit with most stringent interpretation of the heightened pleading standard. In general, Congress seems to have achieved its goal of reducing the race to the court by increasing the filing delay in securities class actions. However, a stricter interpretation of the pleading standard does not affect this. The PSLRA does little to reduce the incidence of litigation for high technology issuers, but the evidence suggests that the litigation risk has substantially decreased for these issuers. Overall, the monitoring of attorney's effort increased, but institutional investors are no better at monitoring than other lead plaintiffs. The findings also suggest that lead plaintiffs forcing plaintiff's attorneys to compete for designation as lead counsel has resulted in lower attorney's fees. The observed effect is greater when the lead plaintiff is an institutional investor.