Monthly Archives: February, 2020

Randall Stephenson, ‘Durie v Gardiner: Public Libel Law and Stare Non Decisis’

ABSTRACT This note examines the controversial case of Durie v Gardiner, a recent decision of the Court of Appeal of New Zealand, which radically altered the nation’s public libel jurisprudence. It argues that Durie is incorrect as a matter of public libel law for three reasons. First, both Durie judgments failed to engage in freedom […]

‘The Cute Contracts Conundrum’

David Hoffman, Relational Contracts of Adhesion, 85 University of Chicago Law Review, 1395 (2018). When considering online contracts, three assumptions often come to mind. First, terms of service and other online agreements are purposefully written to be impossible to read. Second, lawyers at large law firms create these long documents by copying them verbatim from […]

Majid, Yogamalar, Siah, Terpstra-Tong and Borrowman, ‘A new chapter in the law of sexual harassment in Malaysia: The emergence of the torts of harassment and sexual harassment’

ABSTRACT In a landmark case in 2016, Malaysia’s apex court, the Federal Court, explicitly recognised for the first time, the common law tort of sexual harassment. Actually, the Federal Court did more than that; its recognition of the common law tort of sexual harassment is built on its recognising the common law tort of harassment. […]

Lutz-Christian Wolff, ‘The relationship between contract law and property law’

ABSTRACT It is commonly understood that contract law and property law are different areas of law which address different issues. This article departs from this conventional position in a rather radical way by arguing that the conclusion, amendment, and termination of contracts are in fact property law transactions and that the strict divide between contract […]

Noah Vardi, ‘Private Law as Restorative Justice: Notes on its Use from Historical Wrongs to Human Rights Litigation’

ABSTRACT Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines the role of private law as a tool for restorative justice. Whereas the use of private law and its remedies (such as contract, tort, unjust enrichment) as instruments for ‘reparation’ may appear to be at odds with the functions of restorative […]

Bradley and Frye, ‘Art in the Age of Contractual Negotiation’

ABSTRACT Artists have always loved to hate the art market. They want to sell their work, but only on their own terms. Unfortunately, they usually lack the means to explain what they want and why they want it. But in 1971, two associates of a self-styled ‘Art Workers Coalition’, Seth Siegelaub and Robert Projansky, created […]

Zahr Said, ‘A Transactional Theory of the Reader in Copyright Law’

ABSTRACT Copyright doctrine requires judges and juries to engage in some form of experiencing or ‘reading’ artistic works to determine whether these works have been infringed. Despite the central role that this reading – or viewing, or listening – plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper […]

I Glenn Cohen, ‘Informed Consent and Medical Artificial Intelligence: What to Tell the Patient?’

ABSTRACT … This Article, part of a Symposium in the Georgetown Law Journal, is the first to examine in depth how medical AI/ML interfaces with our concept of informed consent. Part I provides a brief primer on medical Artificial Intelligence and Machine Learning. Part II sets out the core and penumbra of US informed consent […]

Lucas Clover Alcolea, ‘Trust arbitration: 99 problems and 99 solutions’

ABSTRACT Although in recent years there has been considerable interest in arbitrating internal trust disputes with a large body of literature produced on the subject, as well as statutory reform to permit it in several jurisdictions, it remains the fact that trust arbitration is still relatively uncommon. This is likely due to the complex problems […]

Israel Cedillo Lazcano, ‘Book review: Cryptocurrencies in Public and Private Law

“The emergence of ‘cryptoassets’ has inspired a voluminous body of scholarship produced by authors from different backgrounds and levels of understanding. Within this universe, when one looks for works on the regulation and legal nature of these innovations, one will find that most of these documents can be organized into two categories: 1) those that […]