Monthly Archives: November, 2024
‘States May do Away with Single Family Zoning, But What About the Covenants?’
Ken Stahl, ‘The Power of the State Legislature to Invalidate Private Deed Restrictions’, 50 Pepperdine Law Review 579 (2023). In recent years, some states have attempted to address the US housing crisis by pulling certain aspects of zoning control that affect housing supply away from local governments. In a few states, this preemption focuses on […]
Aman Gebru, ‘Cultural Appropriation as Passing Off’
ABSTRACT Accusations of cultural appropriation – using cultural symbols from a culture that is not one’s own without consent, understanding, or respect – have sparked fervent debates across social, ethical, and legal perspectives. Beyond debates, there is an early trend of claimants asking courts to rule on cultural appropriation. Scholars who have explored the topic […]
Danielle Frances D’Onfro, ‘Private Law without Precedent’
ABSTRACT A common law system assumes that judges regularly issue new opinions that clarify and update the law over time. At the same time, our federal system assumes that state courts will do the bulk of judicial lawmaking, especially in private law. And, with a few exceptions, our broader legal system assumes that state private […]
Ralf Michaels, ‘Towards Sustainable Private Law Theory’
ABSTRACT Sustainability presents the most pressing need for our world today. Private law plays a prominent role for that need. Yet when responses are considered for private law, they tend to be small – a right to repair, for example, or extended warranty periods, or new internationally mandatory rules in private international law – and […]
Einat Albin, ‘The Three-Tier Structural Legal Deficit Undermining the Protection of Employees’ Personal Data in the Workplace’
ABSTRACT Even though personal data protection is a fundamental right, and legislation and the courts aim to pursue it, in practice, employees have no meaningful protection of their personal data within the workplace and have few opportunities to act, individually or collectively, to ensure the security of their data. In this article, I argue that […]
‘X Has a New Forum Selection Clause’
The company formerly known as Twitter (‘X’) has announced that it will adopt new Terms of Service (‘TOS’) effective November 15, 2024. Among other things, the new TOS includes a new forum selection clause. The clause in the old TOS required lawsuits against X to be brought in California. The clause in the new TOS […]
Henry Deeb Gabriel, ‘The future of the transnational law of security rights: the emergence of security rights in electronic data’
This article addresses the future work that needs to be done to conform the law of transnational secured transactions to contemporary and evolving commercial needs and practices. Specifically, the creation of new classes of assets as well as new modes of providing for perfection of these assets need to be incorporated into the existing law […]
‘Prompts as code?’
Code as a literary work: Following lengthy discussion in the 1970s and 1980s, by 1991 in the EU and 1994 at the WTO level, the legal status of computer programs was a settled matter: software was to be treated under copyright as a literary work. Source code and object code are protected by copyright. As […]
Mark Wen-Hu Hsiao, ‘Revisiting Vandervell v IRC: Classification of the Option and Implications’
ABSTRACT The paper revisits the leading judgment in Vandervell v IRC and demonstrates that the judicial reasoning fails to take into account the nature of option and construed it against the specific statute. By applying the method of classification, the paper demonstrates the nature of an option agreement as a sui generis. A construction of […]
Ilias Bantekas, ‘Confirmation Notes in the English Common Law’
ABSTRACT Confirmation notes allow parties to a final or near-final contract to specify the terms of their agreement and thus render it binding. As a result, the note may take the form of an offer or acceptance or, if so specified by the parties, it may just as well serve as the contract. Where the […]