Category Archives: Public law

Anatoliy Kostruba, ‘Methodological Basis of Legal Personality of the State (Civil Aspects)’

ABSTRACT Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of […]

Israel Cedillo Lazcano, ‘Book review: Cryptocurrencies in Public and Private Law

“The emergence of ‘cryptoassets’ has inspired a voluminous body of scholarship produced by authors from different backgrounds and levels of understanding. Within this universe, when one looks for works on the regulation and legal nature of these innovations, one will find that most of these documents can be organized into two categories: 1) those that […]

Ellen Rock, ‘Misfeasance in Public Office: A Tort in Tension’

ABSTRACT The rationale for the tort of misfeasance in public office remains the subject of academic speculation. This article adopts the concept of accountability as the tort’s guiding rationale, analysing it within the accountability framework: who is accountable to whom, for what, and how? Within this framework, it is possible to identify various points of […]

Zhong Xing Tan, ‘The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?’

ABSTRACT This article explores the emerging use of the proportionality concept in the contract law of the Anglo-common law world, first to understand its internal logic, and secondly, to situate its invocation within private law theory. What are judges doing when they appeal to ‘proportionality’?, and what does this say about the ideology of adjudication? […]

Andy Yu, ‘Equity and Homelessness’

ABSTRACT I argue that homelessness calls for equitable intervention. The motivation for such intervention involves the state’s provision of the system of property rights. This will be one that is responsible for but can also solve homelessness. The nature of the equitable interest responds to this motivation. There is a negative equitable right for the […]

‘Getting Reacquainted with Constitutional Torts’

Richard Fallon, Jr, Bidding Farewell to Constitutional Torts, 107 California Law Review 933 (2019). Richard H Fallon, Jr’s ‘Bidding Farewell to Constitutional Torts’ is an important article at many levels. The provision by a leading constitutional scholar of a thoughtful and rigorous overview of the field, recent Supreme Court decisions within it, and new trains […]

Verbruggen and Kryla-Cudna, ‘The Union’s Liability for Failure to Adjudicate within a Reasonable Time: EU Tort Law after Gascogne, Kendrion and ASPLA

ABSTRACT In this article we examine the cases of Gascogne, Kendrion and ASPLA, in which the Court of Justice of the EU found itself confronted – for the first time – with a number of separate damages actions for breach of EU law, namely the alleged failure to adjudicate within a reasonable time as required […]

Seth Davis, ‘The Private Law State’

ABSTRACT What legal duties do states owe those subject to their power? Typically, we look to public law to answer this question, defining the powers and duties of governments through constitutional law, administrative law, and international law, which we distinguish from the private law of contracts, property, and tort. It was not always this way, […]

Harwick and Root, ‘The Feudal Origins of the Western Legal Tradition’

ABSTRACT This paper draws a distinction between ‘communitarian’ and ‘rationalist’ legal orders on the basis of the implied political strategy. We argue that the West’s solution to the paradox of governance – that a government strong enough to protect rights cannot itself be restrained from violating those rights – originates in certain aspects of the […]

Hall and Chouinard, ‘Systemic Wrongdoing, Public Authority Liability, and the Explanatory Function of Tort Law: Two Case Studies’

ABSTRACT The narrative character of tort law is fundamental to its content and function. The narratives of tort doctrine identify wrongful/risk-creating conduct, and explain that conduct as being within the control of a defendant in a way that justifies civil liability and compensation. The explanations provided by tort doctrine instruct us how to avoid the […]