Author Archives: Steve Hedley

O’Rourke, Pyman, Teicher and van Gramberg, ‘Old wine in new bottles? Regulating employee social media use through termination of employment law: A comparative analysis’

Abstract The explosion in social media usage and ease of access to instant communication provided by new technologies presents employers and business with benefits and problems. The literature on new technologies and the workplace is replete with employer unease about employee use of social media. The most prominent of these apprehensions concern what has been […]

Call for Abstracts: Canadian Law of Obligations Conference, University of New Brunswick, 10-11 May 2019

“Plan to attend the second Canadian Law of Obligations conference on May 10-11, 2019 at the University of New Brunswick Faculty of Law in Fredericton, NB. The conference will bring together established and new scholars and practitioners in areas of Contracts, Torts and Restitution. Its aim is to promote scholarship and collaboration in this area […]

‘A tasty decision for cheese lovers’

“The CJEU has rejected a controversial attempt to use copyright law to protect the distinct taste of a food product, in this case a Dutch cheese. The court explained that taste is too subjective to allow a work to be uniquely identified, even using science, and so cannot be protected. The Court of Justice concurred […]

‘Brexit and Data Protection: Update’

“Panopticon has generally avoided venturing too far into Brexit-related updates: there has invariably been very little by way of actual facts to comment on (not that that has stopped people). But 14 November 2018 does mark something of a landmark, even if by the time you read this it may well all have collapsed like […]

‘The Impact of the EU-UK Draft Agreement on Judicial Cooperation in Civil and Commercial Matters’

“Yesterday, on 14 November 2018, the UK cabinet, after five hours of deliberation, accepted the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators’ level on the same day …” (more) [Jan von Hein, Conflict […]

Timothy Mulvaney, ‘Property-as-Society’

Abstract Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive […]

Shi-Ling Hsu, ‘Cooperation and Turnover in Law Faculties: A Game-Theoretic Model and Empirical Study’

Abstract A standard account of group cooperation would predict that group stability would bring about greater cooperation, because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not […]

Kamarinou, Millard and Oldani, ‘Compliance as a Service’

Abstract This paper provides an empirical review of GDPR-related marketing communications and data processing agreements of 13 cloud service providers (‘CSPs’). Our analysis focuses on how these agreements reflect and deal with the key data protection obligations imposed on controllers and processors under Article 28 GDPR. More specifically, we discuss issues of engaging sub-processors, complying […]

LSE Private Law Forum 2018-19

Wednesday 21 November, 4pm Peter Turner (Cambridge), ‘Lex Sequitur Equitatem: Fusion and the Penalty Doctrine’ Thursday 13 December, 4pm Dan Priel (Osgoode Hall), ‘The Impossibility of Independent Corrective Justice’ Thursday 7 February, 12pm Prince Saprai (UCL), ‘Contract Law Without Foundations: Towards a Republican Theory of Contract Law’ Thursday 28 February, 1pm Aness Webster (Nottingham, Philosophy), […]

‘Personal Data as an Environmental Hazard’

Omri Ben-Shahar, ‘Data Pollution’, University of Chicago Public Law & Legal Theory Paper Series, No 679 (forthcoming 2018), available at SSRN. What was the nature of the harm when data on 143 million Equifax consumers was stolen? More generally, what is the problem with personal data use and misuse by commercial players? The most immediate […]