Monthly Archives: October, 2024
Eric Chaffee, ‘Justifying Business Trusts’
ABSTRACT Business trusts have been and will continue to be an integral part of the United States economy, especially because of the emerging dominance of index funds, which are often organized as business trusts. Remarkably, although corporations have been the subject of thousands of articles, articles on business trusts number in the dozens, which leaves […]
‘Copyright and the Public Interest’
It is not unjustifiable to argue that public interest considerations have lain at the heart of copyright law since its inception. The 1710 Statute of Anne, often regarded as the first British copyright statute, has as its full title ‘An act for the encouragement of learning, by vesting the copies of printed books in the […]
‘Rate Expectations: English court implies reasonable alternative to LIBOR’
The English court has implied a term into an agreement referencing three-month USD LIBOR. The term implied was that if LIBOR no longer functions, the calculation should be performed using a reasonable alternative rate as at the date the calculation is to be made … (more) [Andrew Denny and Jason Rix, A&O Shearman, 25 October […]
Duffy and Hynes, ‘Crisis Pricing’
ABSTRACT Extraordinary times beget extraordinary measures. Multiple national emergencies during the past quarter century have generated a pitched debate as to whether, and to what extent, a crisis justifies deviations from fundamental legal rules. That debate has often focused on constitutional law and has produced sharply divergent views. Some theorists advocate a ‘business-as-usual’ approach eschewing […]
‘Legal Histories in Unexpected Places: 29 November 2024’
The Open University is organising what looks to be a most interesting conference under the above title on Friday, 29 November 2024. The programme is as follows … (more) [John Cairns, The Edinburgh Legal History Blog, 25 October 2024]
‘If Equity can develop new orders when necessary, can it develop anti-SLAPP orders? Part 2: SLAPPs, abuse of process, and anti-SLAPP injunctions’
In an earlier post on this blog, I argued that Equity can develop new orders and injunctions when necessary, and that there was space for it to develop a new order or injunction to prevent strategic lawsuits against public participation (anti-SLAPP orders). There have been several subsequent developments which compel me to revisit that post […]
‘Unexpected Twists in the Modification of Charitable Trusts’
Christopher J Ryan, Jr, ‘Confusing Cy Près’, 58 Georgia Law Review 17 (2023). In ‘Confusing Cy Près’, Christopher J Ryan, Jr examines judicial decision-making in cases involving proposed modifications to charitable trusts. Two doctrines permit modification: equitable deviation and cy près. Ryan uses a comprehensive data set – over 1,300 cases between the years of […]
Masayuki Tamaruya, ‘The Comparative Law of Trusts and Succession: Italy, Japan, and Beyond’
ABSTRACT In recent years, courts in Italy and Japan are faced with cases involving trust dispositions that allegedly encroach on forced heirship protections. This is significant from the comparative history of trust law. On the one hand, this reflects the recent trends in civilian jurisdictions where trusts are seen as a flexible alternative to wills […]
Aleksander Goranin, ‘A Deep Look at Copyright’s Volitional Conduct Doctrine and Generative Artificial Intelligence’
ABSTRACT This Article examines copyright’s volitional conduct doctrine, in particular as applied to generative artificial intelligence (AI) systems. It traces the doctrine’s origins and evolution through key court decisions, analyzing its underlying rationale as a response to the harshness of the RAM copy rule and its elaboration as a proximate causation doctrine. The Article then […]
Wei Xuan Timothy Chan, ‘Fiduciary Good Faith and the Taxonomy of Duties in the Singapore Court of Appeal’
ABSTRACT In Credit Suisse Trust Limited v Ivanishvili, Bidzina and others, the Singapore Court of Appeal rejected the proposition that a fiduciary’s duty of good faith is exclusively proscriptive, holding that this duty is not only a fiduciary duty but has several prescriptive dimensions. This Note examines the theoretical and practical implications of the decision […]