Monthly Archives: July, 2024
Diogo Tapada dos Santos, ‘A Concept of Personal Autonomy Fit for Contract Law’
ABSTRACT The interplays between autonomy and many areas of law are somehow evident but many times redundant and unclear. In this paper, I offer an account of personal autonomy that can be useful in reading private law phenomena, especially focusing on the doctrine of contract as promise. This doctrine, which assimilates contracts and promises, poses […]
Sujit Fulari, ‘Digitizing Land Records: Is It Enough for India?’
ABSTRACT Land records are integral to the revenue administration of the state. The well-maintained land records are in the interest of both landholders as well as the state. Traditionally India has followed the manual method of maintaining records which are marred by inaccuracies, corruption and records being outdated. To address these issues the Indian state […]
Shelley Welton, ‘The Public-Private Blur in Clean Energy Siting’
INTRODUCTION The consensus is increasingly clear: to stave off catastrophic climate change requires a massive and rapid transition from fossil fuels to clean energy. This consensus is now reflected in the laws and policies of numerous countries, states and other sub-jurisdictions, many of which have established ambitious ‘100 per cent clean energy’ targets. Hitting these […]
Dalia Palombo, ‘Business, Human Rights and Climate Change: The Gradual Expansion of the Duty of Care’
ABSTRACT This article investigates how human rights considerations are increasingly shaping tort law by focusing on the gradual expansion of the duty of care in business and human rights cases. For decades, victims have attempted to hold parent companies to account for extraterritorial human rights abuses committed by their foreign subsidiaries. Recently, the Supreme Court […]
Pittard and Ewing, ‘“Fire and Rehire”: Four Lessons from Australia’
ABSTRACT The practice of firing employees and then rehiring them in their same jobs on inferior conditions and lower wages (‘fire and rehire’) has emerged as a matter of acute political controversy. Its use in the United Kingdom has become even more controversial in the period since the Covid-19 pandemic. A brutal example of the […]
Jonathan Sarnoff, ‘The Information Costs of Exclusion’
ABSTRACT The appropriate scope of the right to exclude is among the most contentious topics in property theory: while some defend direct state regulations that override owners’ right to exclude unwanted uses from their property, others defend greater deference to owners’ authority, implemented by stringent enforcement of the right to exclude. In recent years, scholars […]
Akshita Singh, ‘Strategies for Securing Intellectual Property Rights During M&A Transaction’
ABSTRACT This document guides protecting and negotiating intellectual property rights in M&A transactions, emphasizing the importance of due diligence and assessing the strengths and weaknesses of intellectual property assets. The future of IP-driven M&A; transactions remains an area of immense interest to businesses and investors alike as technological advancements continue to drive demand for new […]
‘Proximity, Amicable Settlements, and how the EU Guts GDPR Enforcement’
The European Union (EU) legislator is working on a new Regulation to modify the General Data Protection Regulation (GDPR). The reform’s main aim is to strengthen the GDPR’s enforcement by further harmonising the procedures related to ‘cross-border’ personal data processing. One crucial element here is that this harmonisation will affect the handling in Ireland of […]
Luís de Lima Pinheiro, ‘Prorogation by Submission under Article 26 of Brussels Ibis Regulation and the Protection of Weaker Parties’
ABSTRACT Section 7 of Chapter II of the Brussels Ibis Regulation (EU Regulation no. 1215/2012) deals with prorogation of jurisdiction. The choice of jurisdiction can be made by a choice-of-court agreement or by a trust provision (Art 25), or by submission to the court seized (Art 26). The purpose of Art 26 is, in part, […]
Pamela Bookman, ‘Default Procedures’
ABSTRACT In vast numbers of debt collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber-stamping complaints with little or no examination of the underlying facts, on the implied justification that absent defendants have waived their right to a hearing or effectively conceded to the plaintiff’s case. Many other reasons likely cause […]