Monthly Archives: August, 2024
Adolfo Giuliani, ‘F Calasso’s idea of the ius commune: Legal historians and the Romanist tradition, 1930-1960′
ABSTRACT On 16th January 1933 the young Francesco Calasso (1904-1965) delivered a prolusion on a subject that was to take the new generation of legal historians by storm: ‘The concept of the ius commune’. His prolusion not only changed the image of the legal past but also gave a new impetus to legal history placing […]
Call for Papers: ‘Charting the Future of Private Law in Aotearoa New Zealand’, University of Otago, Dunedin, 10 February 2025
The keynote speech will be given by The Honourable Sir Stephen Kós KNZM and the thematic panels will be chaired by a selection of leading voices from New Zealand academia … (more)
Carys Craig, ‘The AI-Copyright Trap’
ABSTRACT As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste to act, however, they risk running headlong into the Copyright Trap: the mistaken conviction that copyright law is the best tool […]
Katherine Macfarlane, ‘The Fundamental Alteration Fallacy’
ABSTRACT A university may deny a disabled student’s reasonable accommodation request if the university decides that the accommodation would fundamentally alter an academic program. In evaluating the fundamental alteration defense, courts defer to universities’ academic expertise regarding their own programs. This Article argues that deference is misplaced. First, it traces the origins of the fundamental […]
Chan and Petrin, ‘Lost-Premium Damages in M&A: Delaware’s New Legal Landscape’
ABSTRACT In the event of a buyer’s willful breach of a merger agreement, lost-premium provisions allow a target corporation to claim damages that include the lost premium or economic entitlements that its stockholders would have received had the deal closed. While the Delaware Chancery Court in Crispo v Musk held these provisions to be unenforceable […]
Just Published: Fraud and Risk, Carbon-Free Shipping, Green Shipping Contracts
Fraud and Risk in Commercial Law, edited by Paul S Davies and Hans Tjio, Hart Publishing, August 2024, 9781509970759. This book provides an analysis of key contemporary issues on the theme of fraud and risk in commercial law, including: technology and fraud, secondary liability and ‘failure to prevent’ economic crime, abuse of business entities, insolvency […]
Newman and Robins, ‘Access to justice and the role of parliamentarians: what happens to those who fall through the justice gap?’
ABSTRACT This is the first academic paper to consider the role that parliamentarians play in access to justice. Under austerity, England and Wales has seen cuts to legal aid and local authority budgets that have impacted the ability of people to get help for legal problems in social welfare law from the advice sector. Members […]
‘Why we all need to collaborate on clinical negligence’
During Covid, we saw the very worst of pressure on the NHS: staff at their very best to provide care in impossible circumstances and patients at their most vulnerable trying to navigate their healthcare. In the clinical negligence field, we knew the impact this would have on our clients’ cases as doctors from all disciplines […]
Iryna Tsvigun, ‘Navigating change: the evolution of Ukrainian Private Law from historical roots to contemporary challenges’
ABSTRACT The article examined the evolution of Ukrainian private law, which reflects the development of the country’s statehood and its historical heritage, deeply rooted in European traditions. In the context of recent geopolitical events, such as the invasion of Russia and Ukraine’s acquisition of the status of a candidate for membership in the European Union, […]
Brian Frye, ‘The Artist’s Posthumous License’
ABSTRACT When artists die, they are remembered by their work. But copyright often makes their work unavailable. There are many ways to solve the problem, but the existing methods are suboptimal. This essay provides an alternative way for artists to ensure that their works remain available to the public after their death, via the Artist’s […]