Monthly Archives: October, 2019

Francesca Perselli, ‘Beneficiary disputes: Lines v Wilcox

ABSTRACT What is a trustee’s role when there is a dispute to be brought on behalf of the estate which is in the interests of one beneficiary at the expense of another? If the dispute is essentially one between the beneficiaries, can the trustee adopt a neutral position and leave the beneficiaries to litigate between […]

‘Legal Theory Lexicon: Concepts and Conceptions’

“Some ideas seem to be endlessly debated. We might all agree that “justice” is a good thing, but some of us think that justice boils down to counting the utility of each individual equally, while others think that justice is a matter of respecting basic human rights. Utilitarians might all agree that maximizing expected utility […]

‘Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?’

“Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product liability regime (Directive 85/374/EEC), which the CPA implements, applies to products with some software smarts – like that in automated industrial tools, aeroplanes and computers controlling nuclear […]

‘Conference held in Bergamo, October 3/4, on Private Enforcement Of General Data Protection: Regulation New Chances, New Challenges’

“Elisabetta Bani, Viviana Molaschi and Massimo Foglia, that welcomed the participants and emphasized the importance of the subject in the currant law debate, opened the Conference, that was immediately followed by a first session chaired by Radek Strugala. In this session some general issues were discussed, detailed and exemplified …” (more) [Dulce Lopes and Massimo […]

‘Legal Theory Bookworm: A Theory of Legal Personhood by Kurki’

“The Legal Theory Bookworm recommends A Theory of Legal Personhood by Visa AJ Kurki. Here is a description: ‘Who, or what, is a “person” according to the law? How did this understanding of personhood come about? In the twenty-first century, environmentalism, animal rights, artificial intelligence, and corporate personhood have compelled us to consider these questions […]

‘Holmesian “bad man theory” and law & economics’

“Although it’s not directly on point, Rob’s question called to mind my essay Law and Economics: An Apologia, in Christian Perspectives on Legal Thought, in which I posited that: ‘[Some might argue that] theological insights on human nature lead to different behavioral predictions than those premised on Economic Man. But is that necessarily true? Consider […]

Andrew Burrows, ‘In Defence of Unjust Enrichment’

ABSTRACT This article seeks to defend the law of unjust enrichment against the recent influential attacks of Robert Stevens (‘The Unjust Enrichment Disaster’ (2018) 134 Law Quarterly Review 574) and Lionel Smith (‘Restitution: A New Start?’ in Devonshire and Havelock, The Impact of Equity and Restitution in Commerce (2018), ch 5). A central argument here […]

Katy Barnett, ‘Citation as a measure of “impact”: Female legal academics at a disadvantage?’

ABSTRACT This article discusses whether the demand that law academics show citations by a superior court is disadvantageous to women, using the citations of academic work by the High Court of Australia from 2015, 2016 and 2017. The preliminary data show that male academics were cited much more often than female academics (even for works […]

Stephen Alexander, ‘Will trust proceedings of the future be private?’

ABSTRACT This article considers the development, and future course, of the law of privacy in administrative trust proceedings. The author argues that the principles of open justice should remain as the starting point of judicial thinking; that this should mean that the courts’ approach is driven by what is necessary to enable the public to […]

Merrill and Smith, ‘The Architecture of Property’

ABSTRACT Avoiding the reduction of property to a bundle or rights or to the working out of a single master principle, the architectural theory of property sees property as an integrated system or structure anchored in certain unifying principles. Because our world is neither chaotic nor additively simple, property law and institutions must achieve their […]