Monthly Archives: February, 2020

Kellen Funk, ‘The Union of Law and Equity: The United States, 1800-1983’

ABSTRACT From the colonial era to the present day, a number of jurisdictions in the United States have purported to fuse the disparate systems of common law and equity. This chapter focuses on the intellectual history of fusion from the 1848 Field Code to the 1938 Federal Rules. The New York corporate lawyer David Dudley […]

‘Legal Theory Lexicon: Libertarian Theories of Law’

“The dominant approaches to normative legal theory in the American legal academy converge on fairly robust role for the state and government subject to the constraints imposed by an equally robust set of individual rights. Normative legal theorists of all stripes – conservatives and liberals, welfarists and deontologists – tend to agree that the institution […]

Jacques Duvenhage, ‘Rajab Suliman v Rasier Pacific Pty Ltd: Employee or Independent Contractor?’

INTRODUCTION … The key legal issue in this casewas whether the applicant was an employee of Rasier Pacific (‘Uber’) or an independent contractor in light of the Services Agreement signed between Uber and Mr Rajab Suliman (‘Mr Suliman’), and if he could bring a claim for unfair dismissal under the FWA in the Fair Work […]

Van Der Westhuizen and Evans, ‘ACL Unfair Contract Terms and Standard Construction Contracts’

ABSTRACT The unfair contract terms (UCT) provisions in the Australian Consumer Law (ACL) have radically affected the common law rights and obligations of parties using ‘standard form’ contracts in Australia. The provisions could be described as the most significant reform to the consumer law framework in Australia since the introduction of the Trade Practices Act […]

Joanna Grossman, ‘Women Are (Allegedly) People, Too’

ABSTRACT Professor Anita Bernstein opens her book, The Common Law Inside the Female Body, with a startling ‘strange bedfellows’ argument: William Blackstone and modern American feminists want the same thing. ‘The common law’, she argues ‘contains precepts and doctrines that strengthen the freedom of individuals; the feminist struggle against the subjugation of women pursues liberty’. […]

Kimberley Brownlee, ‘Getting Rights out of Wrongs’

ABSTRACT This chapter presents a typology of the rights that we can get through wrongdoing. It builds up a profile of the contexts in which new wrong-generated rights seem to emerge when we do wrong ourselves (Section 1), and when others do wrong (Section 2). The chapter then analyses why some wrongs change the moral […]

Gregory Klass, ‘Promise, Agreement, Contract’

ABSTRACT It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law – into an account of its functions or justifications. Contract law might serve to enforce […]

Erika Lietzan, ‘The “Evergreening” Metaphor in Intellectual Property Scholarship’

ABSTRACT This article is a plea for changes in the scholarly dialogue about ‘evergreening’ by drug companies. Allegations that drug companies engage in ‘evergreening’ are pervasive in legal scholarship, economic scholarship, medical and health policy scholarship, and policy writing, and they have prompted significant policymaking proposals. This Article was motivated by concern that the metaphor […]

Hugh Collins, ‘An Emerging Human Right to Protection against Unjustified Dismissal’

ABSTRACT Although a right to protection against unjustified dismissal is not widely recognised in human rights law, the European Court of Human Rights has begun to use Article 8 of the European Convention of Human Rights to develop a general right based on the adverse consequences to ordinary private life caused by an unjustified dismissal. […]

Enrico Albanesi, ‘Parliamentary Scrutiny of the Quality of Legislation within Europe’

ABSTRACT The topic of this article is a comparative analysis of parliamentary scrutiny of the quality of legislation contained in bills in the British system and in Continental Europe (with a special focus on Italy as case study). The main difference between the two systems is due to the establishment, especially in Continental Europe, of […]