Monthly Archives: May, 2024
Burcu Yüksel Ripley, ‘The Law Applicable to (Digital) Transfer of Digital Assets: The Transfer of Cryptocurrencies via Blockchains’
ABSTRACT Transfer of digital assets including cryptocurrencies gives raise to various important legal questions. One of them is the law applicable to their transfers via blockchains. Traditional concepts and techniques of private international law are challenged by blockchain in the determination of the applicable law. Disintermediation makes it difficult to identify a service provider or […]
‘Cambridge University Press now asking authors whether they want to license their publications for LLMs’
Curious to hear what readers think about this development. A law professor elsewhere (who published a book with CUP a few years back) shared the email he received from the press … (more) [Leiter Reports: A Philosophy Blog, 30 May 2024]
Wiseman, Jacobs, Menefee, Blumsack and Helbing, ‘Zoning the Subsurface’
ABSTRACT The vast rock formations underlying the United States stand at a critical Demsetzian turning point, at which the externalities of inadequately defined property rights justify the costs of solidifying formal property rights for this resource. This need arises from the growing scarcity of pore space (tiny openings) in subsurface rocks – property that is […]
Weitseng Chen, ‘Contracts, Inequality and the State: Contract Law Ultra-heterodoxy in China’
ABSTRACT This paper examines the role of contract law in tackling inequality unveiled by the COVID-19 pandemic, with a focus on China, where courts seem to have made the most drastic moves. Whether contract law has any role to play in addressing economic inequality is the focal point of a long-lasting debate among contract law […]
Lionel Smith, ‘The Cough Drops on Loyalty’
ABSTRACT Steve Smith responded to my paper ‘The Motive, Not the Deed’ with his own, ‘The Deed, Not the Motive’. He argues that we do not need a legal idea of ‘loyalty’ to understand the law; the only question is whether or not a person has objectively accomplished the task assigned to them. In this […]
Cesare Cavallini, ‘Global Civil Justice’
ABSTRACT The growing interest of law schools in various International, Transnational, or even Global Law programs underscores the close relationship between research and teaching. This connection holds even when focusing on fields traditionally viewed as domestic and primarily associated with national legal frameworks, such as civil procedure. Civil procedure is one of the most pivotal […]
Tomer Stein, ‘Corporate Law’s Coup de Grâce: The Case for Managerial Independence’
ABSTRACT When Ken Moelis, the founder, CEO and Chairman of the Board of Moelis & Company, organized his large investment bank as a public corporation, he also made the corporation sign into a shareholder agreement that effectively forced the board to get his consent for anything the board may do. Not long thereafter, shareholders who […]
Mark Glover, ‘Absent Heirs’
ABSTRACT The whereabouts of a decedent’s heirs are sometimes unknown, and consequently some inheritances go unclaimed. Generally, most states regulate unclaimed inheritances by naming a custodian to safekeep the inheritance, and if the absent heir fails to claim it within a prescribed time, then the inheritance escheats to the state. The specifics of the law, […]
Benjamin Johnson, ‘A Theory of Corporate Fiduciary Duties’
ABSTRACT Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring […]
Hannes, Libson and Parchomovsky, ‘The ESG Gap’
ABSTRACT The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full […]