Monthly Archives: November, 2018

‘A brief introduction to the concept of privacy under English law, Part I’

“Many doctrines under English law form due to common law, also known as judge-made or case law, where a series of legal cases create and form doctrines or principles which underpin legal rights. Privacy emerged as a notion in common law in the 18th century, developing through cases, until in the 20th century it became […]

Maria Tzanou, ‘The Unexpected Consequences of the EU Right to Be Forgotten: Internet Search Engines As Fundamental Rights Adjudicators’

Abstract The right to be forgotten as established in the CJEU’s decision in Google Spain is the first online data privacy right recognized in the EU legal order. This contribution explores two currently underdeveloped in the literature aspects of the right to be forgotten: its unexpected consequences on search engines and the difficulties of its […]

Noam Gur, ‘Ronald Dworkin and the Curious Case of the Floodgates Argument’

Abstract This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is […]

Eric Claeys, ‘Use And the Function of Property’

Abstract Many scholars assume that property concepts contribute very little to the way in which people think about rights in resources. Yet these assumed views do not accord with what we know about clocks, keys, fiat currency, and other artifacts. Artifacts are intention-dependent objects. The distinct ways in which different artifacts satisfy those intentions – […]

Cook and Krawiec, ‘If We Allow Football Players and Boxers to be Paid for Entertaining the Public, Why Don’t We Allow Kidney Donors To Be Paid For Saving Lives?’

Introduction … This article contrasts the compensation ban on organ donation with the legal treatment of football and other violent sports where both acute and chronic injuries to participants are common. Although there is some debate about how best to regulate these sports to reduce the risks, there appears to be no debate about whether […]

Brian Slocum, ‘Ordinary Meaning and Empiricism’

Abstract Statutory interpretation involves an interpreter determining the meaning of the text on the basis of various interpretive tools, all of which relate to the meaning of the words and their composition in light of the relevant context. Recently, with the increasing availability of scientific research tools such as corpus linguistics, advocates of such methods […]

‘Protecting the Intangible’

Chante Westmoreland, An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age, 106 California Law Review 959 (2018). The notion of property enshrined in the American legal system is a poor fit for what scholars have termed cultural property – tangible and intangible items of great importance to tribal […]

‘New Publication – Martin Brenncke – Judicial Law-Making In English And German Courts, Intersentia, 2018′

“How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in […]

‘The Latest Word on Unjust Enrichment’

“This is an important decision for everyone who comes across equitable relief in their practice. In March 2017 a divided panel of the Ontario Court of Appeal in Moore v Sweet overturned a finding of unjust enrichment on the ground there was a ‘juristic reason’ for the enrichment. The decision was appealed. On 23 November […]

Michael Schillig, ‘The Transformation of Property Rights in Corporate Insolvency and Bank Resolution’

Abstract Relying on a ‘tragedy of the commons/anti-commons’ analysis, the paper seeks to develop a conceptual framework that explains and justifies both the procedural and substantive transformation of property rights in corporate insolvency and bank resolution. On that basis, the paper further seeks to predict one of the unintended consequences of the new bank resolution […]