Monthly Archives: July, 2024
Eckardt and Kerber, ‘Designing the Bundle of Rights on IoT Data: The EU Data Act’
ABSTRACT Internet of Things (IoT) devices are a new, fast-spreading innovation with many benefits but also new problems for which the current legal system does not yet have suitable solutions. The EU Data Act (DA) introduces new rights for users of IoT devices to access and use IoT data and share them with third parties […]
Hesselink and Tjon Soei Len, ‘European Private Law and Intersectionality: Three Strategies’
ABSTRACT In this paper we identify and discuss three different strategies for taking up intersectionality in the space of European private law, ie, liberal ideal theories of social and private law justice, liberal nonideal theories of reparation, and private law abolition. These strategies yield insights and caution about what intersectionality may do in the field […]
Efstratios Koulierakis, ‘Certification as guidance for data protection by design’
ABSTRACT Data protection by design is an obligation for data controllers according to article 25(1) of the General Data Protection Regulation (GDPR). The present paper explores the concept of data protection by design and proposes that data protection certificates can offer guidance to data controllers, about compliance with this GDPR obligation. An exploration of officially […]
Jiabin Lai, ‘Proof of cryptoasset ownership in England and Wales’
ABSTRACT The legal status of cryptoassets as property has been widely accepted, but it remains unclear who owns a cryptoasset. This article explores the determination of the owner of a cryptoasset. It argues that under the doctrine of deemed ownership, a person in possession of a thing is deemed or presumed to be its owner […]
Herbert Kritzer, ‘Empirical Research on Civil Justice: A Brief History’
ABSTRACT In this forthcoming chapter to appear in the Research Handbook on Civil Justice edited by Anne Bloom, David Engel, and Richard Jolly for Edward Elgar Publishing, I trace the history of empirical civil justice research (ECJR) from the first decades of the twentieth century through approximately 1990. I identify several distinct periods of research […]
Graham Mayeda, ‘The Continuity of Private and Public Law Reasoning in Chief Justice McLachlin’s Criminal Law Judgments’
ABSTRACT Theorists and public law jurists frequently separate public and private law and ascribe to each area a unique form of reasoning. Public lawyers tend to consider the law to be the deployment of public law values – broad principles that can be found in constitutions, both written and unwritten. Private lawyers tend to view […]
‘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 […]