Category Archives: Public law

Miller and Pojanowski, ‘Torts Against the State’

ABSTRACT The state provides the forum in which private parties can seek recourse for tortious wrongs other private parties cause. The state can also be liable for torts it commits. These observations are commonplaces. The state can also be a tort plaintiff, however, and that phenomenon has important implications for tort theory. Natural persons and […]

Vanessa Casado Perez, ‘The Street View of Property’

ABSTRACT Parking on public streets is scarce. The current allocation system for parking spots based on the rule of capture coupled with low parking fees creates a tragedy of the commons scenario. The misallocation of parking has consequences for commerce, for access to public spaces, and for pollution and congestion. Municipalities have not widely adopted […]

Chris Himsworth, ‘Transplanting Irrationality from Public to Private Law: Braganza v BP Shipping Ltd

ABSTRACT For many years, similarities have been noticed between the motivations for, and the methods of, controlling the exercise of discretionary powers on the one hand, in public law and, on the other hand, in contract law. There has, however, been much disagreement about how far the two processes should aligned, and whether the grounds […]

‘Rumbling In Robes Round 2 – Civil Court Orders Dutch State To Accelerate Climate Change Mitigation’

“On 9 October 2018, the Civil Division of the The Hague Court of Appeal in the Netherlands has delivered its judgment on the appeal of the ‘Urgenda case’. The Court imposed an order to act on the Dutch government to adjust its policy from 20% to achieve a 25% emission reduction by 2020, compared to […]

Thomas Papadopoulos, ‘Privatizations of State-owned enterprises in Greece after the Third Economic Adjustment Programme’

ABSTRACT This article examines the legal framework of privatizations in Greece, which was adopted on the basis of the Third Economic Adjustment Programme. This bailout agreement was accompanied by a Memorandum of Understanding (MoU) requiring, among others, privatizations of certain State-owned enterprises and other assets. The requirements for privatizations in the MoU are explained. The […]

Timothy Endicott, ‘Was Entick v Carrington a Landmark?’

ABSTRACT Entick v Carrington (1765) 2 Wils KB 275 was a landmark not only in the development of the law of the constitution, but also in the development of a distinctively English mixture of judicial restraint and judicial creativity. Lord Camden’s decision was a model of the common law method of devising new ways of […]

Alexander Lemann, ‘Assumption of Flood Risk’

Abstract … Drawing on tort doctrine, and particularly the defense of assumption of risk, I argue that there is instead a set of deeply moral instincts underlying our response to flood risk. The doctrine of assumption of risk assigns responsibility for the realization of risks not when our decisions to confront them are objectively rational, […]

Thomas Papadopoulos, ‘Building the Legal Framework of Privatizations in Cyprus: The Missing Link with Sustainable Development’

Abstract This article presents and scrutinizes the Privatizations Law of the Republic of Cyprus, in the context of sustainable development. Cyprus was another victim of the Eurozone crisis. A bailout agreement was reached between Cyprus and its creditors. This bailout agreement was accompanied by a Memorandum of Understanding (MoU) on specific Economic Policy Conditionality requiring […]

‘Of Constitutions and Concertos’

Kevin Toh, Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation, in Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy (Lisa Crawford, Patrick Emerton, and Dale Smith, eds, 2018), available at SSRN. Kevin Toh’s ‘Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation’ offers a fresh […]

Criddle, Fox-Decent, Gold, Kim and Miller, ‘Fiduciary Government: Provenance, Promise, and Pitfalls’

Abstract The idea that the state is a fiduciary to its people has a long pedigree – ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to […]