Monthly Archives: July, 2024
‘Innate Property – A Behavioral Trap’
Aaron Schwabach, ‘Innate Property: The Danger of Incongruency Between Law and the Biological and Behavioral Roots of Property and Possessiveness’, 2022 Cardozo Law Review de•novo 190. In a previous JOT, I wrote that private property is deeply ingrained not only in our liberal world, but also in our DNA. In ‘Innate Property: The Danger of […]
‘Case Note: George v Cannell, Damages for Injury to Feelings in Malicious Falsehood, the argument is not over’
One issue in George v Cannell ([2024] UKSC 19) was whether damages for injury to the claimant’s feelings in the absence of financial loss are recoverable. It is a fascinating case because the SC divided 3:2 against, and because the decision pits the rigour of the majority’s logic against the utilitarianism of the minority’s common […]
ECJ judgments on the Unfair Terms Directive (European Review of Private Law)
‘… Against this backdrop, we considered it necessary to reflect on the judgments that the ECJ has rendered so far on the UCTD. With this aim, we organized an international working group to produce a comprehensive and updated study of the key concepts of the UCTD, as interpreted by the ECJ. We were fortunate to […]
Buxbaum and Michaels, ‘Anti-Enforcement Injunctions’
ABSTRACT The anti-enforcement injunction – a court order enjoining a party from taking steps to enforce a foreign judgment or an arbitral award – is an extraordinary form of equitable relief. It undermines the strong and essentially universal policy in favor of res judicata; in addition, it interferes significantly with foreign legal systems, particularly when […]
de Rassenfosse, Jaffe and Waldfogel, ‘Intellectual Property and Creative Machines’
ABSTRACT The arrival of creative machines – software capable of producing human-like creative content – has triggered a series of legal challenges about intellectual property. The outcome of these legal challenges will shape the future of the creative industry in ways that could enhance or jeopardize welfare. Policymakers are already tasked with creating regulations for […]
Rudra Pratap Singh Sengar, ‘Corporate Governance in India: Issues and Importance’
ABSTRACT Corporate governance includes everything that is done to give its citizens a good quality of life. With the fast pace of change in the business world and the creation of new rules by ‘international’ organizations. The concept of Corporate Governance (CG) has been introduced and given a boost. Corporate governance sets the basic values […]
Schwizer, Cosma and Nobile, ‘Risk Culture and Sustainability’
ABSTRACT The Chapter focuses on environmental sustainability and provides a better understanding of the corporate governance levers that can direct behaviours towards environmental goals. We explore the relationship between risk culture and board members’ intention to adopt pro-environment strategies (PES) through individual beliefs. These factors, according to Ajzen’s theory of planned behaviour (ATPB), refer to […]
‘The Public Interest, Law, and Regulation: Clear, Consistent, and Coherent Relationships?’
Widely in legal education, research, and practice, and across different areas of legal jurisdiction, law is a discipline that is characterised by its sharp division into sub-disciplines. With this division comes super-specialisation. That specialisation has the effect of inviting in-depth focus on discrete areas of law and regulation, without claims to expertise or application across […]
‘Impact of sanctions on payment obligations – Take II’
Last year we covered the High Court’s judgment about the interplay between sanctions and contractual payment obligations in Celestial Aviation v UniCredit. The Court of Appeal has now reversed several important aspects of that judgment … (more) [Philip Carstairs and Jason Rix, A&O Shearman, 1 July 2024]
Igor Wysocki, ‘Blackmail, Unproductive Exchanges, Fraud, and the Libertarian Theory of Voluntariness’
ABSTRACT The main purpose of this paper is to rationally reconstruct Nozick’s account of unproductivity, especially vis-à-vis his characteristically libertarian, and hence uncompromising, ban on fraud. We posit that, when Nozick’s theory is interpreted charitably, it does not yield to contradictory prescriptions concerning permissibility. That is, there does not have to be any inconsistency in […]