Author Archives: Steve Hedley

Björn Hoops, ‘Legal Certainty is Yesterday’s Justification for Acquisitions of Land by Prescription. What is Today’s?’

Abstract Legal certainty is the traditional justification of land acquisitions by prescription in the Netherlands and elsewhere. However, as land information systems become more comprehensive and reliable, this justification increasingly loses its foundation. Only where a transfer is invalid despite a registered transfer deed, is this justification still fully persuasive. This article examines alternative justifications […]

Paul Babie, ‘The “Monkey Selfies”: Reflections on Copyright in Photographs of Animals’

Abstract While brief, the two opinions delivered by the United States Court of Appeals for the Ninth Circuit in Naruto v Slater tell us a great deal about what property is, if only we are willing to look. On their face, the opinions consider the role of standing for animals in relation to copyright claims […]

Ralf Michaels, ‘Private International Law As an Ethic of Responsivity’

Abstract The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest – the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of […]

‘Will there be a “Fiverrization” of the creative industries?’

“Uber changed the way the taxi industry worked; Airbnb had a similar impact on holiday lets and rentals. It is now the turn of the creative industries, often called the copyright industries, with online platforms going by names such as Quidjob, Upwork, PeopleForHour or Fiverr. And yes, ‘Fiverr’ hints at the fact that you may […]

‘Adapting to changing circumstances in contracts and English contract law’: George Leggatt, Aston University, 19 October 2018

Aston Law School is pleased to welcome members of the legal community and friends of the university to the second lecture in Aston University’s lecture series in memory of Professor Jill Poole. The lecture is to take place on Friday 19th October 2018 and will be delivered by Lord Justice Leggatt … (more)

Michael Tilbury, ‘Aggravated Damages’

Abstract In their modern form, aggravated damages burst on the legal scene in 1964. Their nature is contestable. Commentators tend to argue that they compensate for losses associated with the plaintiff’s dignity. This paper argues that this view is both too narrow and too wide: too narrow because aggravated damages have not been limited to […]

Peter Westen, ‘Poor Wesley Hohfeld’

Abstract John Wesley Hohfeld has lost one audience and gained another in the century since he published his seminal Fundamental Legal Conceptions in 1919. Hohfeld originally conceived of his work as an aide to lawyers and law students. And law faculties initially embraced him enthusiastically. Over time, however, law faculties have lost interest in Hohfeld, […]

Kenneth Simons, ‘Self-Defense, Necessity, and the Duty to Compensate, in Law and Morality’

Abstract What is the proper scope of the right to self-defense in law and morality? How does this right compare to the privilege of necessity? Professor Uwe Steinhoff’s manuscript offers a distinctive and wide-ranging perspective on the controversial questions these privileges raise. This essay engages with a number of his arguments, particularly focusing on legal […]

Xuyu Hu, ‘Equality of bargaining power in contracts for international liner shipping’

Abstract Mandatory rules exist in contracts for international liner shipping primarily because of imbalances and non-equity in the allocation of contract responsibilities. The superior bargaining position owned by the carriers depends largely upon liner market monopoly levels, the supply and demand balance between the shipper and carrier, and the cargo volume size of the shippers. […]

‘No Fair Use for Mu(sic)’

“It’s an open secret that musicians will sometimes borrow portions of music or lyrics from prior works. But how much borrowing is too much? One would think that this is the province of fair use, but it turns out not to be the case – at least not in those cases that reach a decision. […]