Monthly Archives: May, 2019

Maytal Gilboa, ‘Multiple Reasonable Behaviors Cases: The Problem of Causal Underdetermination in Tort Law’

ABSTRACT This article introduces a significant yet largely overlooked problem in the law of torts: causal underdetermination. This problem occurs when the causal inquiry of a but-for test produces not one but two results, which are contradictory. According to the first, the negligent defendant is the likely cause of the plaintiff’s injury, whereas according to […]

Fredman and Du Toit, ‘One Small Step Towards Decent Work: Uber v Aslam in the Court of Appeal’

INTRODUCTION In holding that Uber drivers are ‘workers’ for the purposes of the National Minimum Wage and paid holidays, the majority of the Court of Appeal has made an important contribution towards the goal of decent work for Uber drivers in London. At the same time, the decision underscores yet again the fragility of using […]

‘Personalizing Copyright Law Using Consumer Demographics’

Adi Libson and Gideon Parchomovsky, Toward the Personalization of Copyright Law, 86 University of Chicago Law Review 527 (2019). Most people assume, if implicitly, that there is a substantial element of uniformity in our IP system. At first blush, our copyright and patent laws extend a (presumably) uniform set of rights to (presumably) uniform authors […]

Clayton, Evans, Hazel and Rothstein, ‘The Law of Genetic Privacy: Applications, Implications, and Limitations’

ABSTRACT Recent advances in technology have significantly improved the accuracy of genetic testing and analysis, and substantially reduced its cost, resulting in a dramatic increase in the amount of genetic information generated, analysed, shared, and stored by diverse individuals and entities. Given the diversity of actors and their interests, coupled with the wide variety of […]

Niels Philipsen, ‘The Role of Private Actors in Preventing Work-Related Risks: A Law and Economics Perspective’

ABSTRACT This contribution considers the regulation of work-related risks such as industrial accidents and occupational diseases, and more specifically the role of employers and employees in the regulation and prevention of such risks. First, a law and economics perspective will be provided on the delegation of regulatory design and enforcement tasks to private actors. Thereby […]

Just Published: Protecting Personal Information: The Right to Privacy Reconsidered by Andrea Monti and Raymond Wacks

The concept of privacy has long been confused and incoherent. The right to privacy has been applied promiscuously to an alarmingly wide-ranging assortment of issues including free speech, political consent, abortion, contraception, sexual preference, noise, discrimination, and pornography. The conventional definition of privacy, and attempts to evolve a ‘privacy-as-a-fence’ approach, are unable to deal effectively […]

Mattei, Albanese and Fisher, ‘Commons as possessions: The path to protection of the commons in the ECHR system’

ABSTRACT The ‘commons’ is not mentioned in the texts of the European Convention on Human Rights (ECHR) or Article 1 of Protocol No 1 (P‐1). This essay argues that ‘possessions’ – which does appear in the latter – should be interpreted by the European Court of Human Rights (ECtHR) to protect commons against national governments’ […]

‘Property Regimes for International Couples: a Conference in Milan’

“On Wednesday 12 June 2019, at 13.30, the Department of International, Legal, Historical and Political Studies of the University of Milan will host the conference New Rules on Property Regimes for International Couples …” (more) [Antonio Leandro, Conflict of Laws .net, 30 May]

‘Mala Chatterjee on the Role of Volition in Copyright’

“In this episode, Mala Chatterjee, a JD/PhD student in philosophy at New York University, fellow at the NYU Law School Engelberg Center for Innovation, Law, and Policy, and visiting fellow at the Yale Law School Information Society Project, discusses her article ‘Minds, Machines, and the Law: The Case of Volition in Copyright Law’, which she […]

‘The Implications of the UK Supreme Court’s Decision in Vedanta for the Management of Human Rights Risk in Overseas Operations and Supply Chains’

“Since the US Supreme Court effectively closed the door to foreign, human rights related claims against businesses under the Alien Tort Statute, courts in the UK, Canada and beyond have seen an increase in claims against multinational companies based on the common law of negligence for the acts or omissions of subsidiaries. The UK Supreme […]