Category Archives: Public law

Lucas Brandão Borges Caiado, ‘Understanding State Liability for Damages Caused by Negligent Investigations and Lawsuits – An Analysis of the Brazilian Case in the Light of British and French Experiences’

ABSTRACT General investigations and lawsuits held under Brazilian jurisdiction are considered public records and negligent actions triggered by misuse of power can lead to right violations and cause losses to individuals and companies. In the last decade, the country has been experiencing changes when it comes to corruption. For the first time in history powerful […]

‘Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior’

“The national movement galvanized by the killing of George Floyd has created the possibility of transformational change to policing. One reform that has generated broad discussion is eliminating ‘qualified immunity’, the court-created doctrine that makes it difficult for people whose civil rights are violated by police officers to obtain money damages in lawsuits …” (more) […]

‘Authority in Our Time: Accounting for the Concepts of Prerogative and Equity in the Legal Order’

Thomas Poole, The Strange Death of Prerogative in England, 43 University of Western Australia Law Review 42 (2018). As a private law theorist, I have been captivated recently by the work of public lawyer Thomas Poole on the concept of prerogative. Poole developed his account most fully in his analytically brilliant and deeply learned book, […]

Elbert de Jong, ‘EU agency tort law and its limited role in controlling agencies’

ABSTRACT The laws on the non-contractual liability of EU agencies not only provide a mechanism to determine whether the agency should make good the damage it caused to the claimant, they also offer the possibility to inform, influence, legitimize or constrain the power, behaviour, decision- and/or policy-making of EU agencies. This is the control function […]

‘A New Kind of Public/Private Partnership’

Rory Van Loo, The New Gatekeepers: Private Firms As Public Enforcers, 106 Virginia Law Review 467 (2020). The cooperation of public and private actors to achieve public goals is not new. More than 80 years ago, Louis Jaffe lauded the longstanding and substantial involvement of private groups in the regulatory sphere. The scope, range, and […]

D Theodore Rave, ‘Tort Claims As Property Rights’

ABSTRACT Courts have long said that legal claims are a constitutionally protected form of property. But what does that mean? This essay explores the treatment of legal claims as property rights in the context of mass torts in doctrinal, theoretical, and economic terms. Corrective justice and civil recourse conceptions of tort law dictate that tort […]

Margaret Allars, ‘Private Law Remedies and Public Law Standards: An Awkward Statutory Intrusion into Tort Liability of Public Authorities’

INTRODUCTION … To appreciate the impact of administrative law standards on private law liability of public authorities, consideration is given in Part II to the common law and policy background into which the statutory intervention intruded. Part III describes the recommendations for reform that led to the introduction of the statutory limitation upon tort liability […]

Gabrielle Holly, ‘Challenges to Australia’s Offshore Detention Regime and the Limits of Strategic Tort Litigation’

ABSTRACT Australia’s offshore detention regime has been the subject of numerous attempts to seek accountability for harm caused to detainees using legal and other avenues in Australia. This Article examines recent strategic litigation actions against the Australian government and the corporate contractors engaged in offshore detention, including: Kamasaee v Commonwealth; AUB19 v Commonwealth; and actions […]

Sean O’Connor, ‘Distinguishing Different Kinds of Property in Patents and Copyrights’

ABSTRACT Academic debates over intellectual property as ‘property’ seem to assume only one kind of property. Based on original historical research, this Article shows that different kinds of property have accredited over time in at least patents and copyrights. A fundamental right to keep ideas, expressions, and inventions private established a natural law property-type right […]

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 […]