Monthly Archives: June, 2024
John Choi, ‘Limitation Period Applicable to Unfair Prejudice Petitions’
ABSTRACT This short article examines the recent English Court of Appeal decision of THG plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158. In that case, the court was confronted with the question of whether a, and if so what, period of limitation applies to unfair prejudice petitions under section 994 of the […]
John Choi, ‘Unjust Enrichment in Malaysia: “At the Expense of”’
ABSTRACT When authoritative recognition of unjust(ified) enrichment as an independent cause of action was given in Dream Property Sdn Bhd v Atlas Housing Sdn Bhd [2015] 2 Malayan Law Journal 441, the Federal Court simultaneously imported the four-stage analytical framework (‘enrichment’ ‘at the plaintiff’s expense’ in circumstances which render the enrichment ‘unjust(ified)’ and where no […]
Sanjukta Paul, ‘Labor Law, Ownership and the Firm’
ABSTRACT Labor law has its own working theory of the business firm – not derivable from another area of law – which is more explicit than other areas of law in positing a basic hierarchy of intrafirm governance, which the affirmative provisions of labor law are then taken to (partially) modify. This is true across […]
Rebecca Stone, ‘Who are the Bearers of Tort Law’s Duties?’
ABSTRACT Like corrective justice theorists, Gregory Keating contends that tort law is centrally concerned with the vindication of individual rights. Like economic theorists, he rejects the idea that individual injurers are the inevitable site of tort duties. While some tort doctrines instantiate relational rights and duties, others instantiate collective duties to potential victims. There is […]
Rebecca Stone, ‘Putting Freedom of Contract in its Place’
ABSTRACT I develop a novel, rights-based conception of contract – the ‘democratic conception’ – that can deliver a justification for granting a sphere of freedom to contracting parties while setting principled limits on that grant. It justifies doctrines – including the penalty doctrine, the doctrine of substantial performance, a robust doctrine of changed circumstances, and […]
Gerhardt and Lee, ‘Sound Marks’
ABSTRACT A lion roars just before a film rolls. A doughboy giggles. A giant green man laughs a hearty, ‘Ho, Ho, Ho’. These iconic sounds are all federally registered as trademarks. They identify specific brands and distinguish their products and services from the competition. Human brains treat sounds like these as categorization tools and cognitive […]
Jordan VanHoy, ‘Mapping Privacy Data’
ABSTRACT Throughout the global economy there exists systemic issues regarding the privacy of collected personal information. Recent regulations have attempted to curb this issue such as the European General Data Protection Directive (GDPR) and the California Consumer Privacy Protection Act (CCPA). However, it is still all too common to find that the average organization has […]
Babie, Williams, Viven-Wilksch and Stewart, ‘Private Law as Morality: A Critique of Peter M Gerhart’s Contract Law and Social Morality’
ABSTRACT This review essay offers a constructive critique of Peter M Gerhart’s Contract Law and Social Morality (‘CLSM’); it examines, in a very preliminary way, whether humans – parties to contractual negotiation – ever behave in other-regarding, or altruistic, ways. The essay does this through three explorations or investigations. The first considers other-regarding behavior, or […]
Lee and Moshirnia, ‘The AI Penalty: Is There a Bias Against AI-Generated Works?’
ABSTRACT AI has sparked controversy. The backlash against AI runs the gamut, including the charges that AI-generated works are job-displacing, soulless, and based on the unethical and illegal use of billions of authors’ works without their permission. Some prominent AI researchers even fear AI will lead to the annihilation of humans. The charge of illegality […]
Piotr Tereszkiewicz, ‘Old and New Directions in Comparative Tort Law’
ABSTRACT This article offers a review of Common Law and Civil Law Perspectives on Tort Law and explores the contribution the book makes to an ever-growing scholarly literature on comparative tort law. It sets outs by illustrating the development of comparative tort law scholarship in the last two decades, discussing different objectives and approaches that […]