Monthly Archives: July, 2024
Just Published: The Right to be Oneself by Guido Alpa
What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated […]
‘Contracts in Life and Law’
1. Should contract law theory think outside of the marketplace? Gunther Teubner thinks so (Renata Grossi) 2. Consent and its Discontents (Shevaun Wright) 3. No-Harm Contracting (David J Carter) 4. Serco, outsourcing contracts and the reproduction of neoliberalism (Frances Flanagan) 5. For love and for money: Encounters with au pair contracts (Angela Kintominas) 6. ‘It’s […]
Feldman and Doherty, ‘The Class of Injuries Test: A Unifying Proposal to Determining Duty, Proximate Cause, and Superseding Cause in Negligence Claims’
ABSTRACT While there seems to be universal agreement that liability in tort cannot be unlimited, there is widespread disagreement regarding the various tests that courts utilize to limit such liability. We assume here that breach can be proven: the defendant failed to conduct themself in accordance with the salient standard of conduct (for example, failure […]
Rory Gregson, ‘Subrogation, Marshalling, and Property’
ABSTRACT Subrogation and marshalling are two controversial sources of property rights. They are both said to allow one party to stand into another’s place and exercise the latter’s property rights. This is strange. Why should the law allow one person to take the benefit of another’s property rights? Are there any good reasons for subrogation […]
Daniel Esses, ‘Trying Typicality – Plaintiff Cherry-Picking and Trial Distortion in Ramirez v TransUnion LLC and Beyond’
ABSTRACT This Article supplements scholarly commentary on the US Supreme Court’s 2021 decision in TransUnion LLC v Ramirez by examining some critical issues that the underlying litigation raised but that the Supreme Court did not consider in its review. Although scholars have analyzed and critiqued the Supreme Court’s Ramirez decision, the litigation as a whole […]
Asress Gikay, ‘Trade Secrecy in Automated Decisions – Against the Myth of Irreconcilability and the Imposition of Patent’
ABSTRACT It has been widely recognized that trade secrecy has been an obstacle to transparency in automated decision-making (ADM). In several instances involving automated decisions impacting individuals, the disclosure of decision-making processes has been restricted to safeguard proprietary information. This limitation to transparency has prompted scholars to question the appropriateness of trade secrecy during the […]
Vagelis Papakonstantinou, ‘Data Privacy Law as a New Field of Law’
ABSTRACT The turn of the 1980s was a milestone period in the development of data privacy laws, that was only paralleled by the turn of the 2020s. The former saw the introduction of Convention 108 by the Council of Europe in 1981 and, four months earlier, the OECD’s Guidelines ‘governing the Protection of Privacy and […]
Mark McBride, ‘Keeping Hohfeld Simple’
ABSTRACT In this paper, I want to engage in, and move forward, a heated contemporary debate over certain normative positions within the well-known Hohfeldian table of legal relations – a table of dramatic explanatory power. After outlining the uncontroversial core of the table, I will leave the realm of uncontroversiality to enter the realm of […]
Chamberlain and Azar-Baud, ‘Collective actions arising out of Covid-19: a comparative analysis’
ABSTRACT Covid-19 had, and continues to have, a profound impact on many facets of life. While the virus has flourished, so has the litigation stemming from it. The unusual nature of the pandemic has seen an explosion of certain types of litigation in certain jurisdictions. However, the extent of that litigation has been very much […]
Andrew Higgins, ‘Time for change – time for some sensible law reform to create meaningful access to a justice system forgotten by the last government’
ABSTRACT This short note assesses the previous Government’s record on civil justice over its 14 years in power and the priorities for reform for the next administration in advance of the election on 4 July 2024. The Government’s record on all counts – attention, policy and implementation – has been extremely poor. That is evident […]