The class action as sheriff: private law enforcement and remedial roulette

In a recent conference paper,1 Jeff Berryman expressed dismay about the “piecemeal” undermining of the compensation principle. The compensation principle requires that the plaintiff should as nearly as possible get the sum of money that will place him in the same position as if he had not suffered a wrong.2 Berryman argues that the principle has occupied a central position in modern private law “as a justification for who (victim) is allowed to commence an action in court, and for what (compensation), and as a limiting mechanism on the limits of what courts may justifiably do. But its justificatory and limiting roles are becoming frayed.”3 He describes the demise of the principle as “death by a thousand cuts”. Some of the deepest cuts have been inflicted by the modern class action. In this essay I will explore the effect of developments in class action law and practice upon remedial law, and investigate the state of health of the compensation principle. My focus will be upon class actions in Australia, Canada, and the US, in descending order. I will concentrate on compensatory, and to a lesser extent restitutionary remedies; leaving discussion of punitive, exemplary and treble damages for another occasion

The resource-based view: A review and assessment of its critiques

The resource-based view (RBV) of the firm has been around for over twenty years - during which time it has been both widely taken up and subjected to considerable criticism. The authors review and assess the principal critiques evident in the literature, arguing they fall into eight categories. They conclude the RBV’s core message can withstand criticism from five of these quite well provided the RBV’s variables, boundaries and applicability are adequately specified. Three critiques that cannot be readily dismissed call for further theorizing and research. They arise from the indeterminate nature of two of the RBV's basic concepts – resource and value – and the narrow conceptualization of a firm's competitive advantage. The authors feel the RBV community has clung to an inappropriately narrow neo-classical economic rationality, thereby diminishing its opportunities for progress. Their suggestions may assist with developing the RBV into a more viable theory of competitive advantage, especially if it is moved into a genuinely dynamic framework.resource-based view; sustained competitive advantage; Austrian economics

Wavering alternations of valour and caution: commercial and regulatory litigation in the French CJ High Court

This article examines commercial and regulatory litigation in the High Court since Robert French was appointed Chief Justice in 2008. An analysis of six cases reveals a spectrum of valour and caution, courage and coyness. The French High Court has asserted judicial leadership and a public responsiveness in some areas but in others it has retreated to a narrow incrementalism that pulls away from broader issues and leaves important questions unanswered. Although the article concludes that it is too early to determine a particular judicial method of the French High Court (as compared to some of its predecessors), it raises questions about what should be expected of Australia’s highest appellate court in this area

Gender Quotas on Boards - Is It Time for Australia to Lean In?

This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors — the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue —may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored

Photostabilization of High-Yield Pulps Reaction of Thiols and Quinones with Pulp

Some thiols have been shown to be efficient in both bleaching and stabilizing the brightness of mechanical pulps. Two thiols, thioglycerol and glycol dimercaptoacetate, have received considerable attention due to their photostabilization effects. Their reactions with 1,4-benzoquinone, a model lignin compound, were investigated. In the first part of this study, reaction products were isolated using preparative HPLC and were fully characterized using GC-MS as well as l3C-NMR Both thiols were found to undergo Michael addition with the model quinone (in methanol) to yield a substituted hydroquinone. Further reaction with excess quinone in the presence of UVlight facilitated subsequent redox reactions producing darkly colored substituted quinones. Another part of this research examined the reaction of the substituted hydroquinones with lightly bleached aspen CTMP. The nearly colorless substituted hydroquinones were applied to the test papers and irradiated for several hours. The brightness pads darkened quickly, suggesting redox chemistry that was similar to the reaction with 1,4-benzoquinone. An extraction was performed and the products examined with W-Visible spectrometry. This research fbther supported the hypothesis that these thiols react with chromophoric quinoid structures in lignin resulting initially in a bleaching effect. Subsequent redox reactions produce highly colored materials leading to a pulp that is ultimately darker than untreated pulp

A Century of World Law- Prologue

International audienc

Gender Quotas on Boards - Is It Time for Australia to Lean In?

This article examines whether Australia should introduce a gender quota on ASX 200 boards. Although existing institutional arrangements favour voluntary initiatives, Australia may be at a critical juncture where two factors — the public, pragmatic nature of the statutory regulation of corporations in Australia and the current salience of gender as a political issue —may favour the introduction of a quota. In particular, Australian policy-makers may be amenable to change by observing initiatives from other jurisdictions. It is argued that we should maintain a healthy scepticism about functionalist arguments such as the business case for women on boards. Rather, we should invoke enduring justifications such as equality, parity and democratic legitimacy to support a quota. The optimal design of an Australian gender board quota will be also be explored