Becker, Thorogood, Bovenberg, Mitchell and Hall, ‘Applying GDPR roles and responsibilities to scientific data sharing’

“A key aspect of European Union (EU) data protection law is ensuring all parties dealing with personal data have clearly assigned legal roles, and by extension, responsibilities. Key roles defined by the EU General Data Protection Regulation (GDPR) include controllers, joint controllers, processors, and third parties. An organization’s role determines the scope of its legal responsibilities towards data subjects, and in cross-border scenarios, which national law implementing the GDPR applies, including extensions and derogations …” (more)

Regina Becker, Adrian Thorogood, Jasper Bovenberg, Colin Mitchell and Alison Hall, ‘Applying GDPR roles and responsibilities to scientific data sharing’, International Data Privacy Law, Published 17 May.

Leon Vincent Chan, ‘Trends in the Division of Matrimonial Property Based on Contribution: An Empirical Case Study Based on the Structured Approach in Singapore’

Different jurisdictions have adopted different approaches to the division of matrimonial properties. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to show how trends (and in turn certainty and predictability) can be obtained from a discretionary system, using Singapore’s contributions-based approach as a case study. Analysing 265 Singaporean judgements, the authors observed, amongst other trends, that division for both single-income and dual-income marriage tend to incline towards equality as the marriage length increases; there are divergences in collective outcomes from the Singapore Court of Appeal and Singapore High Court, and judgements from the Singapore Family Justice Courts; direct contributions have a significant impact on division for dual-income marriages; and the presence of child(ren) significantly influences division.

Chan, Leon Vincent, Trends in the Division of Matrimonial Property Based on Contribution: An Empirical Case Study Based on the Structured Approach in Singapore (May 16, 2022). (2022) 36:1 International Journal of Law, Policy and the Family ebac009 1.

Matthew Liebman, ‘Litigation and Liberation’

Can litigation liberate oppressed individuals and their communities? Or is litigation antithetical to social movements seeking liberation? Social movement scholars have raised important critiques of litigation’s efficacy as a tool for social change, questioning litigation’s ability to deliver significant social reform and condemning the compromising effects that litigation may have on social movements. According to these critics, litigation is incapable of dismantling deep-seated social injustices and may deradicalize and professionalize social movements in ways that undermine their ultimate vision of a just world. Drawing upon an in-depth case study, this Article is the first to explore these critiques in the context of the animal liberation movement, to which scholars of law and social change have paid little attention. The case study centers on an extensive litigation campaign to liberate animals from the Cricket Hollow Zoo, an unaccredited Iowa zoo that confined hundreds of animals in inhumane and filthy conditions. This campaign offers important lessons for understanding the relationship between litigation and social movements generally and for understanding the role of litigation in furtherance of animal liberation more specifically.

Although litigation alone cannot fully realize social movement goals, critics have under-valued litigation’s capacity to materially benefit exploited populations. The Cricket Hollow Zoo campaign demonstrates how litigation can have important benefits for movements and the communities they serve, both juridically (through court orders that change material conditions for exploited individuals) and extra-juridically (through public outreach that facilitates broader changes in social norms). I use the litigation campaign against the Cricket Hollow Zoo to explore questions about litigation and social movements, extending the existing literature to the underexplored context of animal protection and drawing lessons that can inform other social movements’ uses of litigation towards liberatory ends.

Liebman, Matthew, Litigation and Liberation (May 16, 2022). Ecology Law Quarterly, Forthcoming, University of San Francisco Law Research Paper.

Andrea Zappalaglio, ‘Getting Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines’

The article conducts an in-depth analysis of Article 22(1) of the TRIPS Agreement that provides the definition of ‘Geographical Indication’, focusing specifically on the field of wine. Particularly, the research analyses: (1) the concept of ‘indication’; (2) the words ‘quality, reputation or other characteristic’ and (3) the adverb ‘essentially’. Building upon the text of the Agreement; its drafting history and adopting the EU GI regime as a case study, the research concludes that: first, the concept of ‘indication’, in spite of its literal meaning and historical origin, can be subject to a very broad interpretation; second, wine remains a product characterised by a qualitative link with its area of production, although the importance of the ‘reputational link’ is growing; and, lastly, that the adverb ‘essentially’ introduces a margin of flexibility, thus allowing products that are not ‘exclusively’ related to a specific area to qualify for GI protection nonetheless.

Zappalaglio, Andrea, Getting Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights Right: A Commentary on the Definition of ‘Geographical Indication’ from a European Union Perspective with a Focus on Wines (May 2, 2022). Journal of World Investment and Trade, volume 23, 2022, p 179.

‘Wagatha Christie: what the Vardy v Rooney case can teach you about avoiding libel on social media’

“The social media feud turned libel trial between Coleen Rooney and Rebekah Vardy has come to a close. While a judgement isn’t expected for some time, the legal battle between two media personalities married to former England footballers has proven at least one thing – that social media is a high-risk area for defamation claims …” (more)

[Alexandros Antoniou, Inforrm’s Blog, 20 May]

‘The Problem With Wills’

“The chances are reasonable that you’ll die before making a will. According to most studies, fewer than half of American adults report having a last will and testament that lays out how they want their property divided up, among other final wishes. Though some portion of that group opts for alternative types of estate planning, while others might draft a will late in life, many just never get around to designating their heirs at all …” (more)

[Michael Waters, The Atlantic, 17 May]

UK-IVR 2022 Annual Conference – Law, Rationality and Practical Reason: 10-11 June 2022

The UK-IVR Association for Philosophy of Law and Social Philosophy in collaboration with the University of Surrey Centre for Law and Philosophy are delighted to announce its 2022 Annual Conference. The conference centres on the intersections of law, rationality and practical reason, from ancient and/or contemporary perspectives. We aim to create a platform for the exchange of ideas and the creation of synergies for new ways of thinking about law, practical reason and rationality among researchers in the field of philosophy, legal theory, law, sociology, psychology, intellectual history, classics and political science. We encourage all methodologies, including historical analysis and comparative intellectual history … (more, registration)

‘Vast Scale Undue Influence’

Jamie Luguri and Lior Strahilevitz, ‘Shining a Light on Dark Patterns’, 13 Journal of Legal Analysis 43 (2021). Each time we browse the web, we are steered into making dubious contracts. A common example is digital platforms’ pressure that users click to ‘ACCEPT ALL COOKIES.’ Web designers not only make the ‘accept’ button the most eye-catching option, they often enhance the effect by having it block what users really want to view. Additionally, the disfavored behavior of rejecting some cookies is intentionally made to frustrate, frequently requiring users to navigate through several screens and choose between deliberately confusing alternatives. When users surrender to this design, they consent to sell their information to innumerable entities without reward – manipulated into donating their private data to sophisticated strangers … (more)

[Hila Keren, JOTWELL, 20 May]

‘Case Preview: Hastings v Finsbury Orthopaedics Limited and Another

“The appeal was heard by the UK Supreme Court on 28 April 2022. In this case, Mr Hastings appeals against the findings of the lower courts in Scotland that the metal-on-metal prosthesis used for his total hip replacement was not defective within the terms of the Consumer Protection Act 1987 …” (more)

[Sophie Malley, UK Supreme Court Blog, 20 May]

‘Judge Refuses To Strike Out Action On The Basis Of “Illegality”: The Claimant Was Not Capable Of Committing “Criminal” Acts’

“For the second time today I am writing about a case where the court has refused to strike out a statement of case. In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2022] EWHC 1213 (QB) Mr Justice Garnham refused to strike out a case where the defendant alleged illegality. The claimant had been judged to be insane and had never been committed of criminal acts …” (more)

[Gordon Exall, Civil Litigation Brief, 20 May]