Monthly Archives: October, 2018

‘Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives’

“The concept of a company as a separate entity from its shareholders is well known and recognized in many common law and civil law jurisdictions. Generally, it is regarded as a fundamental aspect of corporate law and for this reason courts are loath to depart from it. Nevertheless, the principle of separate personality is not […]

Tim Kingsbury, ‘Copyright Paste: The Unfairness of Sticking to Transformative Use in the Digital Age’

Abstract Digital communication continues to transform our world, and information is shared continuously faster because of exponential technological advances. For example, due to an immense online audience, many companies now use GIF images containing short movie or song clips to advertise their business on social media. This has apparently been an effective advertising tool. New […]

‘Climate Change, Responsibility and Liability’: International Conference, Graz, Austria, 8-10 November 2018

“Conference Program: Thursday, November 8th, 2018: University of Graz, Aula – 9:00 Welcome: Dean, Faculty of Law. Climate change, impacts and attribution of anthropogenic causes: status and challenges Gottfried Kirchengast, Douglas Maraun, Andrea Steiner, University of Graz; Oslo Principles and Climate Principles for Enterprises Jaap Spier, University of Amsterdam; Attribution of moral and political responsibilities […]

‘Emphasizing the Public Interest in Charitable Gifts’

Susan Gary, Restricted Charitable Gifts: Public Benefit, Public Voice, 81 Albany Law Review 101 (2018), available at SSRN. Susan Gary’s ‘Restricted Charitable Gifts: Public Benefit, Public Voice’ makes the case for legal reforms that reflect the public’s interest in loosening donor control of charitable gifts. Gary writes that her article is aimed at advocating for […]

Mark Van Hoecke, ‘Do judges reason differently on both sides of the Channel?’

“Mark Van Hoecke, Professor of Comparative Law, gave an insightful inaugural lecture on ‘Do judges reason differently on both sides of the Channel?’, at the School of Law, Queen Mary University of London, on 3rd September 2018. To a keen audience of academics and practitioners, Professor Van Hoecke compared Common Law reasoning with that of […]

‘Comment on Claeys, “Two Suggestions for Conceptual Property Theory”’

“In his post, Eric Claeys introduces a couple of important forthcoming articles. I welcome these contributions to the already extensive ‘debates’ over property theory. These articles are a real advance in the morally oriented property theory literature. I’d like to focus how they bring to that literature considerations that are more prominent in the functionalist […]

Peter Westen, ‘Poor Wesley Hohfeld’

Abstract John Wesley Hohfeld has lost one audience and gained another within the century since he published his seminal Fundamental Legal Conceptions. Hohfeld originally conceived of his work as an aide to lawyers and law students. And law faculties initially embraced him with ardor. Over time, however, law faculties have lost interest in Hohfeld, and […]

Hayden and Bodie, ‘Shareholder Voting and the Symbolic Politics of Corporation as Contract’

Abstract American corporations are structured in such a way that shareholders, and shareholders alone, have the right to vote in all significant corporate decisions. Over the years, this exclusive shareholder franchise has been supported by an ongoing procession of justifications. But as those arguments have fallen by the wayside, shareholder primacists have circled back and […]

Montagnani and Trapova, ‘Safe harbours in deep waters: a new emerging liability regime for Internet intermediaries in the Digital Single Market’

Abstract Online intermediaries, often categorized as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the […]

Rob Heywood, ‘“If The Problem Persists, Come Back to See Me …” – An Empirical Study of Clinical Negligence Cases Against General Practitioners’

Abstract The law of negligence, as it applies to General Practitioners (GPs), is underexplored in the literature. There has been no substantial research undertaken that has penetrated deeper into claims that have actually reached court in order to analyse judicial reasoning pertaining to both breach of duty and causation. Given the increased pressures that GPs […]