Monthly Archives: May, 2024
Eben Nel, ‘Fiduciary law in South Africa – A good time to come of age’
ABSTRACT Fiduciary law as a separate legal discipline has not been under the spotlight within a South African context. As it is often limited to its association with trustees and company directors, fiduciary law has been under-analysed and not recognized as a distinctive body of law. In this article, the position of fiduciary law is […]
Bernardo Calabrese, ‘“Designating” the future of geographical indications’
As known, a comprehensive reform of geographical indications (GIs) in the EU has just been passed, strengthening and unifying its previous quality schemes for wine, spirits and agricultural products and foodstuff, on one side, and introducing a new parallel scheme for craft and industrial products, on the other side. The reform has attracted considerable attention, […]
Andrew Halpin, ‘Other People’s Liberties’
ABSTRACT When we seek a fuller understanding of individual liberty including its relational character, we confront a conundrum. The evident advantages of a single individual possessing liberty cannot be simply transferred to a greater number of beneficiaries. This conundrum is confronted with the resources of Hohfeld’s analytical framework, developed specifically to elucidate the practical outworkings […]
De Stefano and Countouris, ‘Lifting the Private-Law Veil: Employer Authority and the Contractual-Coating of Worker Subordination’
ABSTRACT Despite the notion of subordination in work relations and the subjection of workers to the managerial prerogatives of employers have received significant consideration and discourse since the outset of labour law, critical examinations of the underlying foundations of such subordination and subjection in contemporary democracies founded on the rule of law remain scarce. This […]
John Murphy, ‘Unpicking Torts: Elements, Conditions of Actionability and Standing Rules’
ABSTRACT There is a clear tendency among judges and scholars to regard torts like chemical compounds: as things comprising a fixed list of elements (such as duty, breach, causation etc). But it is sometimes said that claimants in tort cases must also demonstrate that a condition of actionability has been met, or that a standing […]
Barnes, Hevron and Menounou, ‘Tort tales and total justice: Exploring attitudes toward everyday tort claims for workplace injuries’
ABSTRACT Despite some retrenchment, the litigation state remains alive and well. All this litigation has engendered intense debates over whether increased lawsuits represent a rising tide of justice or a flood of frivolous claims. Tort law has been at the center of these debates for decades, standing at the fault line between ‘tort tale’, ‘total […]
Antonia Layard, ‘Public (Trust) Rights in Open Space: Day v Shropshire Council’
ABSTRACT In Day v Shropshire Council (Day), the Supreme Court considered the effect of a statutory trust under section 10 of the Open Spaces Act 1906 on a subsequent purchaser. Finding for the claimant, a local resident resisting development, the Supreme Court unanimously held that the local authority’s failure to give notice and consider objections […]
Emily Laidlaw, ‘The Diligent Online Platform’
ABSTRACT Platform regulation models are changing. For many years, intermediary liability laws were stuck in the binary of leave-up or takedown models. There has been a shift to what can be described as risk management, duty of care or due diligence models, such as the European Union’s Digital Services Act, the United Kingdom’s Online Safety […]
Weisbord and Bondurant, ‘Oscar Law’
ABSTRACT In most vocational fields, trade associations promote their industry’s common business interests by performing various community-building functions, including the establishment of awards for outstanding professional accomplishments. In the entertainment industry, however, the elite trade associations (known as academies) are almost exclusively devoted to the presentation and production of achievement awards, a ritual that has […]
Leufer and Hidvegi, ‘The Pitfalls of the European Union’s Risk-Based Approach to Digital Rulemaking’
ABSTRACT The European Union’s Artificial Intelligence Act takes a so-called risk-based approach to regulating artificial intelligence. In addition to being celebrated by industry, this risk-based approach is likely to spread due to the ‘Brussels Effect’ whereby EU legislation is taken as a model in other jurisdictions around the world. This article investigates how the AI […]