Monthly Archives: June, 2019

Hazel Genn, ‘When Law is Good for Your Health: Mitigating the social determinants of health through access to justice’

ABSTRACT Access to justice research over two decades has documented the health-harming effects of unmet legal needs. There is growing evidence of bidirectional links between law and health demonstrating that social and economic problems with a legal dimension can exacerbate or create ill health and, conversely that ill-health can create legal problems. Independently, social epidemiological […]

Garratt and van Oordt, ‘Privacy as a Public Good: A Case for Electronic Cash’

ABSTRACT Privacy is a feature inherent to the use of cash for payments. With steadily increasing market shares of commercial digital payments platforms, privacy in payments may no longer be attainable in the future. In this paper, we explore the potential welfare impact of reductions in privacy in payments in a dynamic framework. In our […]

Shawn Bayern, ‘Are Autonomous Entities Possible?’

ABSTRACT Over the last few years, I have demonstrated how modern business-entity statutes, particularly LLC statutes, can give software the basic capabilities of legal personhood, such as the ability to enter contracts or own property. Not surprisingly, this idea has been met with some resistance. This Essay responds to one kind of descriptive objection to […]

Susan Kenny, ‘The Law Commissions: Constitutional Arrangements and the Rule of Law’

ABSTRACT This review article considers two publications concerning the Law Commissions created under the Law Commissions Act 1965: Fifty Years of the Law Commissions: The Dynamics of Law Reform, a collection of essays edited by Dyson, Lee and Wilson Stark, and Wilson Stark’s monograph, The Work of the British Law Commissions: Law Reform … Now?. […]

Deborah Gordon, ‘Engendering Trust’

ABSTRACT This article, part of a Wills, Trusts, and Estates Meets Gender, Race, and Class Symposium, explores the relationship between trusts and gender by looking at the language, myths, and trends that appear in current trust law. After discussing the relationship between gender and inheritance law more generally, the article focuses on the three dominant […]

Benjamin Wong, ‘Delimiting the concept of personal data after the GDPR’

ABSTRACT This paper explains how the concept of personal data should be delimited. Certainty on this matter is crucial, as it determines the material scope of the data protection obligations. The primary boundary delimiting the scope of personal data is the requirement that personal data ‘relate to’ an individual. The courts of the UK and […]

Call for Papers: Italian Association of Law and Economics Annual Conference, University of Milan (La Statale), 19-21 December 2019

ISLE-SIDE invites contributions on all aspects related to Law and Economics, such as Bankruptcy, Behavioural Law and Economics, Competition Policy and Antitrust Law and Economics, Corporate Governance and Corporate Law, Criminal Law, Environmental Law and Economics, Constitutional law, Constitutional Political Economy and Social justice, Family Law and Economics, History of Law and Economic Thought, Institutional […]

Christine Haight Farley, ‘Confusing the Similarity of Trademark Law in Domain Name Disputes’

ABSTRACT This article anticipates doctrinal disorder in domain name disputes as a result of the new generic top-level domains (gTLDs). In the course of the intense and prolonged debate over the possibility of new gTLDs, no one seems to have focused on the conspicuous fact that domain name disputes incorporating new gTLDs will be markedly […]

Phang and Goh, ‘Contract Law in Commonwealth Countries: Uniformity or Divergence?’

ABSTRACT The present article examines – through a consideration of developments in the most recent and most topical areas of contract law – whether and in what areas the contract law of various Commonwealth jurisdictions has diverged (in the main, from English law) and, more importantly, why such divergence has occurred. It also considers areas […]

Webb and Geyer, ‘The Drafters’ Dance: The Complexity of Drafting Legislation and the Limitations of “Plain Language” and “Good Law” Initiatives’

ABSTRACT Can we provide legislative drafters with tools to simplify and clarify legislation, and make it more accessible? In the United Kingdom, United States, Canada, Australia, and European Union, through strategies such as the ‘Plain Language’ and ‘Good Law’ (PL/GL) initiatives, it is claimed that the answer is ‘yes’. Though many of the normative intentions […]