Monthly Archives: May, 2024
Rohit Chopra, ‘Enforcing the Post-Financial Crisis Ban on Abusive Conduct’
ABSTRACT Government enforcers have long contended with corporate misconduct, from the abuses of corporate power and monopolization of the late 19th and early 20th centuries to the set up to fail products and digital dark patterns of the 21st century. This Article explains the Consumer Financial Protection Bureau’s (CFPB) Policy Statement on Abusive Acts or […]
Giorgio Fabio Colombo, ‘The role of culture in international commercial arbitration’
ABSTRACT International commercial arbitration is the primary mean for settling international disputes of a business nature. Because of its very structure, this procedure happens across borders and, needlessly to say, cultures. As a consequence highly technical nature of international commercial arbitration, the debate about ‘culture’ in this field has adopted a fairly narrow approach, and […]
Lorenza Acquarone, ‘The Indian Contract Act – background and case law’
ABSTRACT This article aims to illustrate the background and the case law of the Indian Contract Act, enacted in 1872. It also tries to provide a comparison between the law introduced in India and the model which is the English Common Law of Contract based on the English law of the time. Indeed, the provisions […]
Anita Bernstein, ‘An Ally Can Connect Tort Theory to International and Comparative Law’
ABSTRACT Experts and practitioners who work in international law can attest to a communication challenge for the field. At the level of both abstraction and matters of fact—that is, events or dealings that traverse national borders – international law has appeared unavailing to outsiders. Its tenets can look like postures: bluff, sophistry, accusations, even ‘cheap […]
Marc Moore, ‘Commercial Common Sense in Contract Interpretation: A Legal Realist Analysis’
ABSTRACT The forthcoming UK Supreme Court decision in Union of Shop, Distributive and Allied Workers (‘USDAW’) v Tesco Stores is eagerly awaited throughout the legal community. For labour lawyers, the case provides a valuable opportunity to interrogate the legality of the controversial ‘fire and rehire’ practices that have become a constant of the industrial relations […]
Freilich, Meurer, Schankerman and Schuett, ‘A New Approach to Patent Reform’
ABSTRACT Scholars and policymakers have tried for years to solve the tenacious and harmful crisis of low-quality, erroneously granted patents. Far from resolving the problem, these determined efforts have resulted in hundreds of conflicting policy proposals, failed congressional bills, and no way to evaluate the policies’ value or impact or to decide between the overwhelming […]
Gommers, Leppink and Schneider, ‘Round-up of European enforcement case law 2023’
INTRODUCTION While the world is again facing new challenges in 2024, with wars and conflicts around the corner and further away, as well as upcoming critical elections, law practitioners, including in the field of intellectual property (IP), are focused on the opportunities and challenges brought about by the adoption of artificial intelligence in the legal […]
Giuseppe Mazziotti, ‘“Authors”, not “content creators”’
In the past two decades, the emergence and exponential rise of social networking and interactive digital media has expanded our access to art, culture, knowledge and entertainment. In fast-growing and very competitive media markets, the daily practice and business models of social media platforms have made the concept of ‘content creator’ gain unprecedented traction, popularity […]
Robin Boyle, ‘Undoing Undue Influence: How the Doctrine Can Avoid Judicial Subjectivity by Omitting the Vulnerability Element’
ABSTRACT This article addresses the flaws of the doctrine of undue influence. When deciding contractual disputes, courts are concerned about the fairness of the transaction. One defense to the enforcement of a contract is the theory that undue influence was asserted. The problem with this defense is that subjectivity has crept into the decision-making process. […]
Ela Leshem, ‘Dead Bodies as Quasi-Persons’
ABSTRACT This Article argues that American law treats dead bodies as quasi-persons: entities with a moral status between things and persons. The concept of quasi-personhood builds on dead bodies’ familiar classification as quasi-property. Just as quasi-property implicates only a subset of the rights usually associated with property, quasi-personhood implicates only a subset of the moral […]