Monthly Archives: May, 2019

‘A consumer’s preference for invalidity? AG Pitruzzella on the consequences of unfairness under the UCTD’

“Last week, AG Pitruzzella submitted an interesting Opinion on unfair terms in case C-260/198 (Dziubak) (the English version of this opinion is not yet available). This case concerns a foreign currency-indexed loan undertaken by Polish consumers. The consumers claimed that the term establishing the conversion rate was unfair because it essentially allowed the bank to […]

‘Sarah Wasserman Rajec on The Property Law Misfit in Patent Law

“In this episode, Sarah Wasserman Rajec, Associate Professor of Law at the College of William and Mary Marshall-Wythe School of Law, discusses her new article The Property Law Misfit in Patent Law. She argues that in various circumstances, the animating principles of patent law are best served by departing from otherwise frequent reliance on property […]

‘High Court considers causation in clinical negligence’

Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483 – decision not yet on Bailii but available on Lawtel. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and […]

Horton and Weisbord, ‘Boilerplate No Contest Clauses’

ABSTRACT … This Article builds on this foundation by reviewing no contest clauses in 457 wills that were probated in Alameda County, California in the late 2000s. We show that testators and their lawyers overuse no contest provisions. Indeed, these terms appear in nearly 70% of the wills in our sample, including many estates in […]

Geoffrey Vos, ‘The Future for the UK’s jurisdiction and English law after Brexit’

INTRODUCTION “… There are two preliminaries to any consideration of a choice of law and jurisdiction. The first is to understand that law and legal systems are by their very nature local and parochial. There are more than 200 legal systems in the world, and they are almost all operated in the local language of […]

Daniel Del Gobbo, ‘Queer Dispute Resolution’

ABSTRACT In Anglo-American legal discourse, the juridical subject of dispute resolution has traditionally been conceived as a bearer of rights or a bearer of interests: rights, in the model of liberal legalism that regards adjudication (ie court and tribunal processes) to be the preferred means of resolving disputes in the adversarial tradition; or interests, in […]

Raymond Brescia, ‘On Tipping Points and Nudges: Review of Cass Sunstein’s How Change Happens

ABSTRACT In How Change Happens, Cass Sunstein explores the mechanisms through which social change can occur, the triggers that can cause it, and the pitfalls along the road to change. For Sunstein, small influences, which arise through what he has called ‘nudges’, can have large impacts, particularly where they indicate that support for existing norms […]

‘First Meeting of the Young Private International Law Research Network’

“On 5 April 2019, the first meeting of the newly established research network ‘Young Private International Law in Europe’ took place at the University of Würzburg, Germany. The network intends to create a Europe-wide exchange at ‘junior faculty’ level (predoc/postdoc) in the context of various comparative Private International Law (PIL) projects …” (more) [Maximilian Schulze, […]

Mark Lunney, ‘Innovation in the shadows of deference: Urban environment and the law of tort in Australia, 1901-1945’

ABSTRACT Australian private law in the first half of the twentieth century has generally been portrayed as lacking innovation, its main characteristic being fidelity to rules of English law. Although this view is largely accurate, detailed granular studies of Australian case law and legislative developments of the period reveal a more complex picture than the […]

E Lees, ‘Property In The Anthropocene’

ABSTRACT Intergenerational justice, community interests, and environmental protection are all goals sought through the imposition of the duties of stewardship onto owners of land. But such duties, when imposed by law, require justification beyond the morality of maintaining and preserving land in a good condition for its present and future use. The potential for sanction […]