Monthly Archives: October, 2024
‘Private Law Fairness between Generations?’
Distributive justice is an essential element of social justice. When discussing distributive justice in private law, one important question is: a fair distribution between whom? For example, is a consumer protection instrument that strengthens the position of societally strong consumers, but is less important for weak ones (like much of the information paradigm), ‘social’? The […]
‘Digital Vulnerability as a Tool for Social Justice in European Private Law’
In recent decades, the concept of vulnerability has emerged in many post-industrial societies to signify the growing fragility of human beings, economies, infrastructures, and ecosystems in the contemporary world. The notion of ‘vulnerable subject’, in particular, has become a powerful and dynamic concept that explains how all individuals, including those who do not belong to […]
‘Reconceptualising the Social Dimension of Business Freedoms through a Fundamental Rights Lens’
The balancing of economic and social rights and interests has provoked an almost perennial discussion within the context of the deepening and widening of European Union (EU) integration. In my forthcoming monograph, Business Freedoms and Fundamental Rights in European Union Law (OUP 2024), I explore further the fundamental rights implications of this debate, with an […]
Hilary Young, ‘Disentangling “Informed Consent”’
ABSTRACT The legal concept of ‘informed consent’ to medical treatment is often confusing to students and lawyers alike. This is in part because there is no single legal concept of informed consent. In law, the term relates to two different legal obligations. One is the fundamental and general obligation not to touch people without their […]
Clare Williams, ‘Ability Capitalism: Law’s Constitutive Role in Constructing Disability’
ABSTRACT In proposing a theory of ability capitalism, this paper considers how, where, when, and why law plays a constitutive role in labour market constructions of disability. In problematising typical or mainstream accounts that see markets as ‘natural’ social orderings, the paper suggests a constitutive economic sociology of law lens that shifts beyond the embeddedness […]
Jovana Cicmil, ‘Consumer rights protection and prohibition of unfair business practices with the aim of improving consumer needs and demands satisfaction’
ABSTRACT A characteristic feature of contemporary business and current trends in the market economy is primarily globalization, which has significantly enhanced the possibilities for expanding operations from one market to multiple markets, while simultaneously increasing competitiveness among business entities. Consumer protection in developed market economies is not a new topic; however, under the conditions of […]
Douglas and Ojelabi, ‘Civil Dispute Resolution in Australia: a Content Analysis of the Teaching of the Topic of ADR in the Core Legal Curriculum’
ABSTRACT This article describes a research project exploring the diverse ways that Australian law schools offer alternative or appropriate dispute resolution (‘ADR’) as part of the core curriculum. Since an amendment to the ‘Priestley 11’ required areas of study for admission to practice, ADR is now a topic in the renamed area of Civil Dispute […]
Juan Diaz-Granados, ‘Exclusive Possession, “contractualisation” and the Lease-Licence Dichotomy: a Reconsideration of Legal Categorisation in the Airbnb Era’
ABSTRACT Airbnb is one of the most disruptive companies in the ‘Sharing Economy’. Its business model is built upon a triangular structure of legal relationships that remains poorly understood and inadequately analysed in terms of legal classification. This article examines the issue of legal categorisation vis-à-vis the relationship between the Airbnb host and the Airbnb […]
Giuffrida and Treece, ‘Keeping AI Under Observation: Anticipated Impacts on Physicians’ Standard of Care’
ABSTRACT As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry-in many ways an inherently ‘risky’ business-hospitals and physicians have begun evaluating the impact of AI tools on their professional malpractice risk. This Essay seeks to address that […]
Bedi and Marra, ‘Litigation Finance in the Market Square: A Non-Market Strategy Approach’
ABSTRACT Litigation finance is the subject of a contentious scholarly and political debate. Litigation funders provide capital to litigants or law firms in exchange for a share of case proceeds. The current debate about funding centers on how litigation finance impacts our civil justice system. Proponents of funding argue it helps litigants get their day […]