Monthly Archives: April, 2020

‘Foreign Limitation Periods in England and Wales: Roberts v SSAFA

“When a British woman gives birth in a German hospital staffed with British midwives on a contract from the British ministry of defence, what law applies and to what extent? This seemingly simple question took Mrs Justice Foster, in the English and Welsh High Court of Justice, 299 paragraphs to answer in a mammoth judgment […]

‘Where There’s a Will in England, There’s a Way’

“Prodded by the coronavirus, thousands are making or updating their estate arrangements, but an archaic law requiring two witnesses in person is forcing people to take drastic measures …” (more) [Benjamin Mueller, New York Times, 28 April]

Simen Ulsaker, ‘Exclusionary Contracts and Incentives to Innovate’

ABSTRACT The article considers a situation where several firms have the opportunity to sell an identical product to a set of buyers, and where each seller can invest in R&D to develop a higher quality version of the product in question. I consider the possibility of allowing the sellers to offer exclusionary contracts, prior to […]

Katherine Sheriff, ‘Surveying Liability Models for Autonomous Vehicle Technology’

ABSTRACT This article provides an overview of potential liability models as applied to autonomous vehicles. Uncertainty is rampant among courts, regulators, legislators, law enforcement and consumers when considering how to react to accidents involving autonomous vehicles – however unlikely. Uncertainty during a technological transition provides fertile ground to test the boundaries of the law and […]

‘Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14′

“On 1 April 2020, Lord Reed announced by video link the Supreme Court’s decision in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, on appeal from [2018] EWCA Civ 2832 …” (more) [Jonathan Glasson QC, UK Supreme Court Blog, 27 April]

‘How To Write A Book On One’s Own Legal System For The Purposes Of Comparative Law?’

“In the last days of 2019 The Criminal Justice System of the Netherlands: Organization, substantive criminal law, criminal procedure and sanctions was published. The book is an extended version of its prequel: The Dutch Criminal Justice System (Wolf Legal Publishers, 2008), which was written by Peter Tak, Professor Emeritus of Criminal Law from Radboud University […]

‘Europe’s Privacy Law Hasn’t Shown Its Teeth, Frustrating Advocates’

“When Europe enacted the world’s toughest online privacy law nearly two years ago, it was heralded as a model to crack down on the invasive, data-hungry practices of the world’s largest technology companies. Now, the law is struggling to fulfill its promise …” (more) [Adam Satariano, New York Times, 27 April]

Lital Helman, ‘Trade Secrets and Human Secrets’

ABSTRACT Two separate systems of law govern secrets. The first one concerns trade secrets: confidential business information that provides an enterprise with a competitive edge. The unauthorized use of a trade secret by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. The second system protects […]

Babie, Leadbeter and Nikias, ‘Federalism Fails Water: A Tale of Two Nations, Two States, and Two Rivers’

ABSTRACT This article considers the deployment of public power over the water resource. Federalism, like property, fragments control by dividing and separating power. While fragmentation might work to some extent for relatively discrete aspects of public power, such as those with respect to going to war, entering treaties, issuing money, and raising and maintaining armed […]

David Birchall, ‘Irremediable Impacts and Unaccountable Contributors: The Possibility of a Trust Fund for Victims to Remedy Large-Scale Human Rights Impacts’

ABSTRACT Corporate actions often adversely impact human rights in ways that are not easily justiciable. Such actions include the production and use of fossil fuels, contributing to climate change and its impacts, and actions that deny or retrogress access to the global food, housing and pharmaceutical markets. This paper terms the impacts caused by these […]