Duke Journal of Comparative & International Law

Duke Journal of Comparative & International Law is a magazine specializing in Law topics.

Articles from Vol. 11, No. 2, Spring-Summer

Causes of Action for Foreign Victims of Economic Espionage Abroad by U.S. Intelligence
There need be absolutely no dishonour in trying to ascertain what a potential or actual opponent is likely to attempt. ... The risk of disrepute will depend on the extent to which the individual intelligence officer or his organization departs from...
Class Action Advice in the Form of Questions
The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt...
Class Actions: The Canadian Experience
In the last seven years, Canada has developed a vigorous class action regime. Before outlining that regime, I would like to address the question: "Why have Class Actions?" I. WHY HAVE CLASS ACTIONS? A foundational document in Canada on class...
Compensating Large Numbers of People for Inflicted Harms
This conference was appropriately set at Geneva, just a few miles from the great collider at CERN where cosmologists and physicists are testing the theory that ours is only one of many side-by-side universes with far more than three dimensions, operating...
Debates over Group Litigation in Comparative Perspective: What Can We Learn from Each Other?
FOREWORD Modern societies all face in varying degrees the problem of possible liability for actual injuries, and prevention of threatened ones, to large numbers of people, with the injuries resulting from a single event or product or other common...
Group Actions in Sweden: Reflections on the Purpose of Civil Litigation, the Need for Reforms, and a Forthcoming Proposal
I. INTRODUCTORY REMARKS The post-industrial society of today is characterized in several respects by social, industrial, commercial, and environmental structures, which are different from those that existed when the legislation in many fields was...
Mass Tort Litigation in Germany and Switzerland
I. INTRODUCTION Professor Koch has been talking about non-class group litigation under EU and German law.(1) Given that we are here in Switzerland and that this country is not a member of the EU and has its own legal traditions, I would like to...
Multi-Party Actions: A European Approach
This Article gives an overview of the kaleidoscope of developing mechanisms for dispute resolution in European jurisdictions and explains why generally few multi-party actions exist in Europe. It summarizes the seminal 1993 European Commission survey...
Multi-Party Proceedings in England: Representative and Group Actions
I. INTRODUCTION In July 2000 the Duke University School of Law and the Faculty of Law of the University of Geneva held an excellent conference in Geneva entitled "Debates Over Group Litigation in Comparative Perspectives." The conference focused...
Multi-Plaintiff Litigation in Australia: A Comparative Perspective
I. INTRODUCTION Class actions--properly called representative or group proceedings--are a comparatively recent phenomenon in Australia. During the past two or three years, there has been an enormous increase in the number of class actions brought...
Non-Class Group Litigation under EU and German Law
In his contribution, Professor Walter described the basic obstacles to American-style class litigation in continental European civil law systems.(1) This Article will discuss what European Union and German law does--or might do--to surmount these obstacles.(2)...
Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation
I. INTRODUCTION In 1979, Professor Arthur Miller published an article contrasting the myths and realities of class action litigation in the United States. To some, Professor Miller wrote, the class action lawsuit seemed a "Frankenstein monster,"...
Some Remarks on Group Litigation in Comparative Perspective
I. INTRODUCTION When one looks at the group litigation situation in modern common law and civil law systems, one discovers a huge amount of data, in addition to a number of problems, discussions, and trends of development. In the 1960s, the landscape...
Will China Allow Itself to Enter the New Economy?
I. INTRODUCTION The development of the Interact in China presents a direct conflict between two of the country's interests: its present desire to become a global economic power and its traditional desire to control access to information. Historically,...
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