Monthly Archives: March, 2024
Martin M, ‘Civil Law Trusts? Lessons from Quebec and other jurisdictions’
ABSTRACT The following paper is a brief overview of how trusts and trust-like arrangements work in four selected civil-law jurisdictions, including a regional jurisdiction (Quebec). The influence of the 1985 Hague Convention and of relatively recent EU law on the matter is also reported. In light of its brevity, this paper is to circulate only […]
Peter Sie, ‘Epigenetics, Preconception Tort Liability, and Public Health’
ABSTRACT Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing the genetic code. These changes can pass on to our children and grandchildren, whether for better or worse. Epigenetic knowledge could change our understanding of human biology and individual responsibility. However, it is […]
Franzoni and Kaushik, ‘Lost Profits and Unjust-Enrichment Damages for the Misappropriation of Trade Secrets’
ABSTRACT This paper analyzes civil remedies for the misappropriation of trade secrets. We study the impact of different damages doctrines on firms’ competitive behavior and on the incentives to misappropriate. We find that the owner of a trade secret is better off under the lost-profits regime, while the rival (independently of whether he obtained the […]
‘Innovation and Reform in the Law of Trusts’ – special number of King’s Law Journal
Innovation and Reform in the Law of Trusts – Editors’ Introduction (James Lee, Richard Nolan, Tang Hang Wu and Man Yip) Statutory Trusts and Trusty Statutes (James Lee and Man Yip) ‘Looking Through’ Trusts in Relationship Property Redistribution Regimes: A Comparative Perspective (Adam Hofri-Winogradow and Mark J Bennett) The Reform of Charitable Constitutional Purposes: Should […]
Dharmapala and Garoupa, ‘The Law of Restitution for Mistaken Payments: An Economic Analysis’
ABSTRACT The law of restitution and unjust enrichment has emerged as an important and independent branch of private law globally but has attracted relatively little economic analysis. This article develops a model of the core example of restitution – mistaken payments – in a parsimonious setting with two pairs of buyers and sellers and low […]
Robert Miller, ‘Classical Liberalism and Corporate Law’
ABSTRACT A chapter in the forthcoming Routledge Handbook of Classical Liberalism, this paper evaluates contemporary corporate law, especially Delaware corporate law, from a classical liberal perspective. Beginning with an explanation of the firm as a mode of organizing voluntary cooperative activity among human beings, the chapter explains and compares two views of the corporation: the […]
‘Upsetting Conventional Wisdom Of Copyright Scholarship In the Age of AI’
Oren Bracha, ‘The Work of Copyright in the Age of Machine Reproduction’, available at SSRN (24 September 2023). In our modern communication environment, conventional wisdom very swiftly captures and narrows our channels of thought. This is due in no small part to the unceasing production of commentary, which means that every perspective on any important […]
‘Is Private International Law Really Private? Gender and Colonialism in the History of Conflict of Laws’
Anne-Charlotte Martineau, ‘The Private as a Core Part of International Law: The School of Salamanca, Slavery, and Marriage (Sixteenth Century)’, 118 American Journal of International Law Unbound (2024). The colonial origins of public international law are increasingly front and center of scholarly and political discussions in the field. In her insightful essay, Anne-Charlotte Martineau suggests […]
‘In the heat of the moment : the statutory concept of dismissal and impulsive resignations’
Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their […]
‘Developing a new tort for climate change’
Michael John Smith (appellant) v Fronterra Co-operative group Ltd and others [2024] NZSC 5. This appeal to the New Zealand Supreme Court concerned strike out of a claim in tort (comprised of three causes of action) relating to damage caused by climate change. The question was whether the plaintiff’s claim should be allowed to proceed […]