Monthly Archives: March, 2025
Schleicher and Hills, ‘How the Gentry Won: Property Law’s Embrace of Stasis’
ABSTRACT Until the 1970s, American property law differed sharply from its English antecedents. English law was dominated by a land-owning gentry class who favored stability of ownership and dynastic control of landed estates using perpetuities and trusts, generous compensation for condemnees, and irregular lot lines based on local custom that impeded land’s alienability. After World […]
Ratiu Flavia Simona Petridean, ‘The Pre-Contractual Abyss’
ABSTRACT In spite of the conservative spirits, positioned by themselves, in the traditional and classical scheme of how contracts are formed, the realities of the Romanian private law space, show us that often the formation of a convention is progressive from the volitional point of view. The potential of some definitive contractual relations commits the […]
‘Contract Law’s Hidden Civil Rights Foundation’
Erik Encarnacion, ‘Section 1981 as Contract Law’, available at SSRN (10 January 2025). Erik Encarnacion’s ‘Section 1981 as Contract Law’ presents a striking claim: 42 USC § 1981, a statute primarily understood as a piece of federal antidiscrimination law, is, in fact, a foundational component of contract law in the United States. Section 1981, originally […]
Lui, Lamb and Durodola, ‘A right to explanation for algorithmic credit decisions in the UK’
ABSTRACT This article argues for a statutory right to explanation in automated credit decision-making in the UK, as transparency and accountability are central to the rule of law. First, from a moral standpoint, we demonstrate that there is a double level of distrust in financial services and algorithms. Algorithms are unpredictable and can make unreliable […]
John Thomas, ‘Intellectual Property, Computer Software and the Open Source Movement’
ABSTRACT The term ‘open source’ refers to a computer program that is distributed along with a license, or contract, that requires users of the program to comply with specified conditions. Among these stipulations are that the source code be distributed along with the software, and that others be allowed to modify the source code as […]