Author Archives: Steve Hedley

Oliver Passmore, ‘Insolvent trusts – the Z Trusts litigation’

ABSTRACT The Z Trusts litigation in Jersey represents the first occasion on which a Court has considered what is to happen when a trust becomes ‘insolvent’. The Royal Court has given a series of judgments which deal with various aspects of such a situation, from the duties of trustees, to the procedure for creditor claims, […]

‘Australia’s proposed defamation law overhaul will expand media freedom: but at what cost?’

“On 29 November 2019, Australia’s attorneys-general agreed on proposed amendments to the provisions which underpin Australian defamation laws. This means Australian governments have a plan for how to change defamation law. Politicians are spinning this as a ‘modernisation’ of laws that haven’t been changed in 15 years …” (more) [Michael Douglas, Inforrm’s Blog, 7 December]

Avihay Dorfman, ‘No Exclusion’

ABSTRACT The idea of exclusion plays a pivotal role in property law and theory, and it is only destined to receive more salience in the light of the forthcoming fourth Restatement of property. There are accounts of property, and case-law, that treat exclusion as the single most fundamental feature of property. And there are other […]

Ignacio Cofone, ‘Nothing to hide, but something to lose’

ABSTRACT ‘I have nothing to hide’ is among the most common and controversial arguments against privacy. This article shows why the argument is mistaken on its own terms. To do so, it constructs a model combining the standard economic argument – that only people with ‘something to hide’ will value privacy – with a concept […]

‘Private Law and Public Purposes’

Steve Hedley, The Rise and Fall of Private Law Theory, 134 Law Quarterly Review 214 (2018). In one sense, contemporary private law theory offers a wide range of approaches. For example, contract law theory includes significant theories whose focus ranges across promise, consent, property, commerce, reliance, choice, and wealth maximization, just to offer a quick […]

Adler and Fromer, ‘Taking Intellectual Property into Their Own Hands’

ABSTRACT When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying […]

Jessica Shoemaker, ‘Transforming Property: Reclaiming Indigenous Land Tenures’

ABSTRACT This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven largely […]

‘Contracting for Personal Data’

“Should traditional rules of contract law apply to transactions in markets for personal data involving consumers? The protection of consumer information in the United States (US) has followed a ‘Notice and Choice’ approach, which encouraged businesses to outline their information privacy practices, including the rights and risks associated with the collection, use, sharing, and security […]

Rebecca Crootof, ‘The Internet of Torts: Expanding Civil Liability Standards to Address Corporate Remote Interference’

ABSTRACT Thanks to the proliferation of internet-connected devices that constitute the ‘Internet of Things’ (‘IoT’), companies can now remotely and automatically alter or deactivate household items. In addition to empowering industry at the expense of individuals, this remote interference can cause property damage and bodily injury when an otherwise operational car, alarm system, or implanted […]

Thilo Kuntz, ‘Transnational Fiduciary Law: Spaces and Elements’

ABSTRACT In recent years, fiduciary law has increasingly moved to the center of scholarly attention in the common-law world. Even a cursory review shows ample evidence of the importance of fiduciary-related norms; not only both in common-law and civil-law jurisdictions, but also beyond the nation state. Although civil-law countries have no tradition of the trust […]