Author Archives: Steve Hedley

Tamara Buckwold, ‘The Conceptual Structure of Commercial Law’

ABSTRACT This article argues that commercial law is not merely a collection of rules, but a doctrinally coherent and conceptually sophisticated body of law structured through conceptions of property. The analysis focuses specifically on the aspects of commercial law that govern recovery of debt. The argument advances two related themes; that commercial law is built […]

‘Many Judges Are Bad at Textual Interpretation. What Do We Do About It?’

“The legal profession is afflicted by systemic problems, some urgent, some chronic. But here’s one you might not be aware of: it appears that many judges are ill-equipped to perform basic textual interpretation. Such a generalization has to be grounded in specifics, so let’s look at a recent opinion issued by the Minnesota Court of […]

Fenner Stewart, ‘Dominium and the Empire of Laws’

ABSTRACT Civic republicanism endorses a freedom ideology that can support the Corporate Social Responsibility movement (CSR) in some of the challenges it faces. This article is a call for CSR to embrace this normative guidance as a superior alternative to mainstream liberalism. Part 1 discusses the institutional changes that gave rise to CSR’s present incarnation. […]

Thomas and Barber, ‘Contractual Interpretation, Registered Documents and Third Party Effects’

ABSTRACT This article considers whether extrinsic material should be available in interpreting registered documents when these may be contractual in nature or relate to contractual agreements. Many registers, for example the current scheme for recording land title, are intended to facilitate the reliance of third parties on their content, an objective that suggests that extrinsic […]

Phillip Morgan, ‘Judgment-Proofing Voluntary Sector Organisations from Liability in Tort’

ABSTRACT Voluntary sector organisations (VSOs) may use ordinary principles of law to protect themselves from tort liabilities by rendering themselves judgment-proof. There are two viable judgment-proofing systems available to VSOs: (1) charitable purpose trusts, and (2) group structures. Whilst these systems are not fool-proof, they offer significant protection from tort liabilities. However, judgment-proofing may come […]

‘The Impact of Ban-the-Box Measures’

Dallan Flake, Do Ban-the-Box-Laws Really Work?, 104 Iowa Law Review 1079 (2019). I haven’t taught the basic Employment Law survey course in a few years, so I was updating my class notes relating to the kinds of pre-employment screening measures that many employers use. The casebook had a note about so-called ban-the-box measures – state […]

‘Looking for COVID Waivers in All the Wrong Places’

“Contracts Profs have been alerting one another to egregious COVID waivers. Washburn Law’s Andrea Boyack blogged here about the Kansas Board of Bar Examiners’ demand, at the end of the linked document, that each bar taker ‘acknowledges and voluntarily assumes all risk of exposure to or infection with COVID-19 by attending the July 2020 Kansas […]

Weber and Hoesli, ‘Climate Change Liability – Increasing Risks for Directors? Perspectives From Common and Civil Law Jurisdictions’

ABSTRACT Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted specifically to climate change related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors exposed to […]

Karshtedt, Lemley and Seymore, ‘The Death of the Genus Claim’

ABSTRACT The central feature of patent law in the chemical, biotechnology, and pharmaceutical industries is the genus claim – a patent that covers not just one specific chemical but a group of related chemicals. Genus claims are everywhere, and any patent lawyer will tell you they are critical to effective patent protection. But as we […]

Jeremias Adams-Prassl, ‘What if Your Boss Was an Algorithm? The Rise of Artificial Intelligence at Work’

ABSTRACT Rapid advancements in automation will have a profound impact on labour markets. This paper focuses on a comparatively overlooked aspect of debates surrounding automation and the future of work: the rise of algorithmic management, enabled by hitherto infeasible forms of data collection and processing. As AI-driven decision-making is quickly becoming an important element of […]