Author Archives: Steve Hedley

Kelsey Farish, ‘Do deepfakes pose a golden opportunity? Considering whether English law should adopt California’s publicity right in the age of the deepfake’

INTRODUCTION … This article is organized as follows. Section 2 briefly explores the development of deepfake technology, together with the risks deepfakes may pose to the individual. Section 3 introduces the legal framework and the generally accepted views on publicity rights in California. The Californian approach is used as a backdrop for Section 4, which […]

Varese and Mazza ‘The Protection of Fashion Shows: An Uncharted Stage’

ABSTRACT The history of fashion shows goes back more than a century, and over the years, catwalks have gone from being private sales channels for a few wealthy customers to pure entertainment shows promoted globally. In this article, we analyze both national and international laws dealing with the protection of fashion shows in order to […]

Candela and Geloso, ‘Coase and transaction costs reconsidered: the case of the English lighthouse system’

ABSTRACT What is Coase’s understanding of transaction costs in economic theory and history? Our argument in this paper is twofold, one theoretical and the other empirical. First, Coase regarded positive transaction costs as the beginning, not the end, of any analysis of market processes. From a Coasean perspective, positive transaction costs represent a profit opportunity […]

David Acheson, ‘The Digital Defamation Damages Dilemma’

ABSTRACT The size and unpredictability of damages awards in defamation cases is commonly understood to be one important factor in the law’s chilling effect on speech. Although England’s Defamation Act 2013 was primarily aimed at addressing this chilling effect, it did little to reform remedies, and the nominal cap on general damages has now risen […]

‘Corporate Law as Law’

David Kershaw, The Foundations of Anglo-American Corporate Fiduciary Law (2018). Corporate law has a short historical memory. One result is that conceptual battles that go nowhere get refought, as a look at much of the literature generated in the wake of Citizens United will confirm. There are a few historical classics in the academic literature […]

Tom Cornford, ‘The Negligence Liability of Public Authorities for Omissions’

ABSTRACT In this article I address the question of whether the omissions principle – the principle that the common law does not impose liability for omissions – applies with the same force in negligence cases involving public authority defendants as in cases involving private defendants. My argument is that the answer depends upon the answer […]

Mark Leeming, ‘Equity in Australia and the United Kingdom: Dissonance and Concordance’

ABSTRACT This paper falls within the area of ‘comparative common law’ (a concept which includes equity). It touches on four aspects of equitable principle. Speaking generally, some aspects of the first and second (confidential information and liability for knowing assistance in a breach of trust) in the Australian and United Kingdom legal systems have diverged; […]

Reid and MacQueen, ‘Fraud or Error: A Thought Experiment?’

ABSTRACT This article examines some anomalies in the way in which Scots law classifies cases involving fraud and those where ‘induced error’ is preferred. Scots law has been unable to make a conscious structural choice in this regard. was in a muddle in this regard because it had failed to make a conscious structural choice. […]

Patrick Hodge, ‘The scope of judicial law-making in the common law tradition’

“Judge-made law is an independent source of law in common law systems. To jurists brought up in legal systems which have codified law this is one of the striking features of the common law tradition. Instead of interpreting a code to develop the law, common law judges develop the law which their predecessors have made. […]

Barak Richman, ‘New Institutional Economics’

ABSTRACT This entry in the Oxford Handbook of New Private Law describes the parallels and mutual dialog between New Institutional Economics (NIE) and New Private Law (NPL). It observes that both fields share more than the word ‘new’ in their titles. NPL and NIE share methodological orientations; they share scholarly priorities; they have influenced each […]