Monthly Archives: September, 2024
Tristin Green, ‘Collective Complaint’
ABSTRACT This Essay puts the popular idea of collective action together with the law of complaint to tell a cautionary tale. Calls for collective action in modern progressive circles tend to promote a vision of collective as group-based activity, of people physically, intellectually, and emotionally working together. As captivating as this vision is, it misses […]
Jeremy Sheff, ‘Dividing Trademark Use’
ABSTRACT The trademark law of the United States places special emphasis on whether and how a trademark is used in commerce. But over the long history of the Lanham Act – including some less-than-careful drafting by Congress and some aggressive acts of interpretation by the federal courts – the concept of ‘use’ has become complicated […]
‘19th Regional PIL Conference on 20 September 2024 at the University of East Sarajevo, B&H’
The 19th Regional Private International Law Conference will take place on 20 September 2024 at the Faculty of Law, University of East Sarajevo, Bosnia and Herzegovina, with the support of the Deutche Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ). The theme of the Conference is Application of General Legal Principles in Contemporary Private International Law. The […]
Haley Todd Newsome, ‘Advancing Tort Law for Climate Displacement Compensation’
ABSTRACT Climate change has already displaced people from their homes and is predicted to displace millions more in the coming decades. Involuntary climate-induced migration causes loss and damage before, during, and after the displacement. In this Note, I argue that the climate displaced should seek tort compensation from fossil fuel companies for this loss and […]
Lorraine Williams and others, ‘Why did England change its law on deceased organ donation in 2019? The dynamic interplay between evidence and values’
ABSTRACT In the three years since the law on adult deceased organ donation consent in England changed to include an opt-out system, there has been no discernible change to donation rates. The lack of a positive impact on donation rates was predicted by many of those who took part in debates before and during the […]
Alexander Waghorn, ‘Remoteness in the Supreme Court’
Armstead v Royal and Sun Alliance Insurance Co Ltd [2024] UKSC 6; [2024] 2 W.L.R. 632 concerned facts that might have been lifted from an undergraduate examination. It has important lessons for anyone interested in the fundamentals of negligence. Ms Armstead suffered the misfortune of being involved in two traffic collisions, neither of which was […]
Jordan English, ‘Employment contracts, conditions, and the relationship of employment’
INTRODUCTION This article has two purposes. The first is to answer a simple question: where an employee refuses to accept a wrongful dismissal by their employer and decides to keep the contract open, why are they unable to sue in debt for their salary or wages, instead being limited to a claim for damages? This […]
Aidinlis, Smith, Armour and Adams-Prassl, ‘Lawful grounds to share justice data for lawtech innovation in the UK’
INTRODUCTION In 2016, HM Courts & Tribunals Service (HMCTS) outlined its initial plans to reform the justice system to improve its accessibility and efficiency, committing nearly £1 billion to the reforms. The HMCTS reform programme sought to introduce ‘digital technology and modern ways of working to support public and professional users …improving access to justice […]
George Leggatt, ‘Black marbles, blue buses and yellow submarines: an essay on the civil standard and burden of proof’
INTRODUCTION The standard of proof in civil cases, usually defined as proof on ‘the balance of probabilities’, might seem a straightforward concept and perhaps rather a dull one. My aim in this essay is to show that it is neither and that it gives rise to some intriguing questions about the nature of probability and […]
Aisha Shah, ‘The rule in Ex Parte James’
INTRODUCTION This article explores the Ex p James rule. The rule is important for the reason that, when it is successfully invoked against an officer of the court, the officer of the court cannot insist on their strict legal rights. It thus allows the court to disregard legal principles, in a legal system governed by […]