Author Archives: Steve Hedley

‘Case note – Fearn and Others v The Board of Trustees of the Tate Gallery

“The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station …” […]

Call for applications: IP Researchers Europe Conference, Geneva, 26-27 June 2020

We welcome submissions from established academics as well as from more junior researchers including professors, associate professors, assistant professors, lecturers, academic fellows, post-doctoral fellows, and doctoral candidates enrolled in a PhD program or equivalent post-graduate degree. Applicants should be affiliated with an academic institution or scientific research centre, preferably on a full-time basis, at the […]

‘How the Law Expects and Accommodates Deceit in Courtship, Sex, and Marriage’

“This post turns to a new aspect of the legal history of intimate deception. When I started researching Intimate Lies and the Law, I suspected that judges might deny remedies to deceived intimates because they thought deception within intimacy was too trivial a subject to be worth judicial attention. However, I soon discovered that many […]

Alistair MacDonald, ‘Family Law – Past and Future’

“… What has however, undergone fundamental change over the past twenty five years is the nature and scope of the problems to which these stable legal principles must be applied in order to try to achieve resolution for children and families. This is a function of the central role played by family law in the […]

Joshua Hamlet, ‘Neglecting Responsibilities: The Uniform Probate Code’s Failure to Address Child Maltreatment and Poverty’

ABSTRACT When a child or adolescent passes away, parents are typically stricken with grief and unable to cope with the devastation. Unfortunately, the emotional toll is not the only challenge parents face. Some are forced to handle legal battles regarding the administration of their deceased child’s estate. Since the majority of children do not have […]

Thomas Nachbar, ‘Twenty-First Century Formalism’

ABSTRACT Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth century, formalism’s meaning has become confused as formalism has been enlisted by both proponents and opponents of specific legal methodologies. For some, it has simply become an epithet used […]

Spitz and Penalver, ‘Nature’s Personhood and Property’s Virtues’

ABSTRACT In The Colorado River Ecosystem v State of Colorado, plaintiff asked a federal district court to find that the Colorado River ecosystem is a legal person, arguing that, ‘[t]he dominance of a culture that defines nature as property enables its destruction’. Plaintiff’s principal claim rested on the assumption that legal personality could do something […]

Dan Awrey, ‘Bad Money’

ABSTRACT Money is, always and everywhere, a legal phenomenon. In the United States, the vast majority of the money supply consists of monetary liabilities – contractually enforceable promises – issued by commercial banks and money market funds. These private financial institutions are subject to highly sophisticated public regulatory frameworks designed, in part, to enhance the […]

Ben Chen, ‘Elder Financial Abuse: Fiduciary Law and Economics’

ABSTRACT As baby boomers in the United States enter retirement with a high life expectancy, courts and legislatures are increasingly pressed to resolve disputes over the properties of the elderly. Empirical studies suggest that financial abuse against the elderly is hard to detect and likely prevalent. Those who manage property for the elderly may have […]

Tatiana Cutts, ‘Materially Identical to Mistaken Payment’

ABSTRACT Mistaken payment is the ‘core case’ of unjust enrichment, and it has had a powerful effect on the development of this area of private law. For Peter Birks, unjust enrichment was simply ‘the law of all events materially identical to mistaken payment’ – to be shaped through a process of abstraction from that core […]