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9 St. Thomas J. Complex Litig. [i] (2023)

handle is hein.journals/stthmsjl9 and id is 1 raw text is: 







Jessica Michelle Pagliery
EDITOR-IN-CHIEF, JOURNAL OF COMPLEX LITIGATION,
VOLUME 9


Introduction to the Journal's Final Volume

       The Journal of Complex Litigation is thrilled to present our last volume,
Volume  9. This year, the Journal has had the privilege of choosing from a variety
of high-quality manuscripts from around the world. Because of these incredible
scholarships, we have cultivated the most robust and diverse volume for our
readers, including our first-ever Symposium Issue. I would like to thank the
authors that trusted us with their works and express my deepest gratitude to our
Editors who have worked tirelessly all year to foster our best volume yet.
       Volume  9's first issue explores subjects like damages, class standing, knee
replacement litigation, and Taiwanese trial courts. Debates about these topics
have set the stage for new litigation to enter both the American and International
arena. Outside the judicial system, academia has not turned its cheek from
discussing each of these topics. While popular genres of litigation have seen
academic literature from a myriad of scholars, this Volume presents issues and
solutions of first impression.
       The first article, Predicting Damages Awards: A Comparative Law &
Economics  Analysis on Contract Breach Litigations in American Common Law,
French  Civil Law, and International Commercial Law, is by Frank Giaoui. It
utilizes an empirical economics analysis of hundreds of cases to make
recommendations  and suggest best practices to those looking to recover lost
profits and opportunities. The article analyzes damage to commercial reputation,
lost profits for a new business, and a breach of a negotiation agreement to
formulate its hypothesis. In doing so, it encourages readers to use continuous
empirical research on damages in tandem with artificial intelligence to predict
compensatory  damage  schedules. As a result of the research, the article argues the
data shows that a judicial decision reflects the gap between the claim and the
defense.
       The  second article, Challenges in Constructing Taiwan's Commercial
 Court and Changing the Trial Process, is by Ching-Yi Wu. Tackling the flood of
 litigation in Taiwan head-on, this article calls attention to the structure of
 Taiwanese courts and calls for reform. The Taiwanese government has sought to
 mirror its judicial system to that of the United Kingdom and the United States.
 Using this premise, the author draws attention to the new system's lack of a
 separate division for commercial disputes. This article argues a commercial court

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