Monthly Archives: May, 2020

Jack Watson, ‘Indemnities and modern corporate structures’

ABSTRACT This article considers the issue of trustee indemnity clauses and their interaction with the corporate structures which underlie many modern trusts. It considers the problems which can arise in relation to such clauses and the recent decision of First National Trustco (UK) Ltd v McQuitty [2020] EWCA Civ 107 in which the Court of […]

Karen Walsh, Review: Christophe, Craig and Xavier (eds), Intellectual Property and the Judiciary (2018)

“The edited collection Intellectual Property Law and the Judiciary provides a detailed analysis of the role of the judiciary in applying and making intellectual property (IP) law in a variety of jurisdictions. Judges are often the first to decide on new laws and discuss the regulation of new technologies and as the introduction reminds us, […]

‘New Scholarship: Nancy Kim on the Proposed Restatement of Consumer Contracts Law’

“Nancy Kim, our Nancy Kim, has posted ‘Ideology, Coercion, and the Proposed Restatement of the Law of Consumer Contracts’ on SSRN. Her essay focuses on Sections 2 and 3 of the proposed Restatement (RLCC), which adopt the standard of notice and manifestation of assent and permit modifications under that standard. According to Nancy, these provisions […]

‘Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.’

“Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as ‘Afghanistan Papiere‘) and Spiegel Online (also known as ‘Reformistischer Aufbruch‘), concern the conflict between copyright and the fundamental rights of […]

Slaev and Daskalova, ‘Complex property rights and Coasean bargaining in natural resource management’

ABSTRACT This paper contributes to the debate on whether private or common property rights are better for advancing the sustainable management of natural resources. This contest between public and private ownership is often exaggerated, we claim, because in the real world, complex entitlements with varying degrees of privateness/publicness prevail. Property rights belonging to families, companies, […]

‘A New Kind of Public/Private Partnership’

Rory Van Loo, The New Gatekeepers: Private Firms As Public Enforcers, 106 Virginia Law Review 467 (2020). The cooperation of public and private actors to achieve public goals is not new. More than 80 years ago, Louis Jaffe lauded the longstanding and substantial involvement of private groups in the regulatory sphere. The scope, range, and […]

‘Can the Adoption of the CISG Save the Commercial Relationship of Parties in India?’

“Commerce cannot thrive if contractual bargains are not enforced by law. Such enforcement has to be predictable, consistent and accessible. The parties need to be reassured that the law will protect the ‘benefit of their bargain’ or, in the alternative, provide suitable remedies. In a move affirming the ‘civil’ approach towards enforcement of contracts, the […]

Baumann, Friehe and Langenbach, ‘Fines versus Damages: Experimental Evidence on Care Investments’

ABSTRACT This paper studies the differential effects of fines and damages on people’s investment in accident prevention. We report results from a laboratory experiment in which monetary payoffs are maintained across the two policy instruments. While standard theory predicts no difference in behavior, we find that potential injurers invest substantially more money in accident prevention […]

‘Peer Review: A Casualty of the Pandemic?’

“I confess: even in the best of times, my first impulse upon spotting an email from a journal or book publisher or tenure and promotion committee that I just know is a request for peer review is not to rejoice at yet another chance to serve and sustain the Republic of Scholars. With so many […]

Peter Jaffey, ‘Policy and principle and the character of private law’

ABSTRACT Some commentators recognise a distinction between policy and principle and regard private law as exclusively a matter of principle. Variants of this approach are found in Dworkin and corrective justice and ‘rights’ theorists. For these commentators, the distinction is fundamental to the character of private law, and to its development through the common law. […]