Monthly Archives: January, 2019

Elisabeth de Fontenay, ‘Individual Autonomy in Corporate Law’

ABSTRACT The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court’s recognition of corporate religious rights in Burwell v Hobby Lobby […]

‘The Law Applicable to Smart Contracts, or Much Ado About Nothing?’

“The question of how people can trade with each other independently of national laws is a question that has kept philosophers, economists and lawyers busy for centuries. In recent years, the discussion has been fuelled by the phenomenon of digitalisation and, in particular, by the emergence of smart contracts. Those contracts enable automated execution of […]

‘Is Less Really More? Abraham and Kendrick on Getting Rid of Affirmative Duties’

Kenneth S Abraham and Leslie Kendrick, There’s No Such Thing as Affirmative Duty, Virginia Public Law and Legal Theory Research Paper No 2018-59, available at SSRN. When it comes to inherited scholarly categories and taxonomies, a prominent strand of modern American tort scholarship pursues a particular kind of deflationary agenda. The First and Second Restatements […]

Reinke and Zumbansen, ‘Transnational Liability Regimes in Contract, Tort and Corporate Law: Comparative Observations on “Global Supply Chain Liability”’

ABSTRACT The collapse in 2013 of the Rana Plaza garment factory outside of Dhaka, Bangladesh drew a lot of public attention, ever more so as a world-wide consumer audience is becoming more frequently and directly confronted with details about the causes of the tragedy, the role that human greed and corporate strategy played in it […]

Grinvald and Tur-Sinai, ‘Intellectual Property Law and the Right to Repair’

ABSTRACT … this Article’s thesis holds that intellectual property laws should not be used to inhibit the right to repair from being fully implemented. In support of this claim, this Article develops a theoretical framework that enables justifying the right to repair in a manner that is consistent with intellectual property protection. In short, the […]

Privacy protection in the 21st century: Tilburg University, 14-15 May 2019

In privacy protection, the traditional distinction between private and public physical spaces is becoming less useful in determining what really is protection-worthy. The walls of the home are ‘evaporating’ and it is becoming increasingly more difficult to use them to shield in-home activities. At the same time, through ubiquitous datafication and mobile devices, the home […]

Michael Henderson, ‘Applying Tort Law to Fabricated Digital Content’

INTRODUCTION … This Note will seek to examine the potential legal implications of the misuses of digital fabrication technologies and the ways in which the existing legal framework should be altered to allow victims harmed by the misuse of these technologies to recover damages under a ‘reasonable publisher’ standard. Part I will analyze the development […]

Greg Bowley, ‘Diminishing Strictness: The Growing Gap In Ontario’s Private Law Environmental Liability Regime’

ABSTRACT The Ontario Court of Appeal’s decision in Smith v Inco Ltd illustrates the degree to which private nuisance liability has evolved over the last 150 years from a tort of relatively strict liability into an increasingly fault-based source of liability. Inco also offers an opportunity to consider whether this evolution has left some wronged […]

‘A €50m fine imposed on Google by the French DPA’

“Just several days ago we reported about two opinions of Advocate-General Szpunar in cases involving the French data protection authority – Commission for Information Technology and Civil Liberties (CNIL) and the US digital giant Google. We mentioned that both cases concerned the interpretation of the Data Protection Directive, the predecessor of the currently applicable General […]

‘Rise in Cohabiting Couples Choosing Death Bed Marriages [UK]’

“Many couples are wedding shortly before one partner dies, presumably for the tax and probate benefits of such transactions. In the United Kingdom, everything that passes to a surviving spouse is exempt from inheritance tax. The spouse also inherits at the probate value, meaning when a major asset is sold the capital gains tax will […]