Author Archives: Steve Hedley

‘Comparative Torts: Discussion around Markesinis’s German Law of Torts by BS Markesinis, J Bell and A Janssen’

The British Association of Comparative Law warmly invite you to two webinars on Comparative Torts: Liability for Emerging Technologies and Comparative Torts: Liability for Ecological Harm on 29th and 30th March 2021. The 2019 fifth edition of Markesinis’ magisterial German Law of Torts (1986), by John Bell and André Janssen, is an ideal and indispensable […]

Agnieszka Kawałko, ‘Limitation of Claims of the Autonomous Possessor for Reimbursement of Expenditures Made on an Object’

SUMMARY The subject of considerations in this article is limitation of the possessor’s claims for reimbursement of expenditures made during the period of possession. Due to the fact that the provisions of the Civil Code in Art 229 provide for one general limitation period for supplementary claims of the owner and for claims of the […]

Vera Lúcia Raposo, ‘Are Wrongful Life Actions Threatening the Value of Human Life?’

ABSTRACT Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is. In opposition to mainstream scholars and the dominant case law, this article sustains that […]

Samuel Estreicher, ‘In Defense of Theory: Notes on the Production of Legal Scholarship’

ABSTRACT This paper, unpublished for many years, offers an unabashed, unabated, full- throated defense of legal theory and abstract, factually deracinated legal scholarship. Several calumnies raised against such academic work – all beginning with the letter ‘a’ – are addressed and refuted. These are: (1) armchair-ism, (2) abstraction-ism, (3) ampersand-ism, (4) assertion-ism, (5)) affinity group […]

‘Irene Calboli: Trademarking COVID’

“Irene Calboli, professor of law at Texas A&M University School of Law, has written a new empirical article reporting that ‘the COVID-19 pandemic has led to a veritable tsunami of trademark applications’ for COVID, QUARANTINE, SOCIAL DISTANCING, and other pandemic-related terms. Indeed, Calboli concludes that trademarking of COVID-related terms is unusually rampant, even when compared […]

Rosemary Teele Langford, ‘Charitable Companies and Related Party Transactions’

ABSTRACT In response to a recommendation by the Panel reviewing the Australian Charities and Not-for-profits legislation, the Australian Federal Government has announced that charities will be required to disclose related party transactions. The problem of related party transactions is a common theme in the compliance reports of the Australian Charities and Not-for-profits Commission. This article […]

Scott and Cahn, ‘The 100-Year Life and the New Family Law’

ABSTRACT This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, […]

Rosemary Teele Langford, ‘Data Explosion, Disclosure and Stepping Stones’

ABSTRACT Disclosure laws are a key facet of corporate regulation. The advent of increased technology and innovation is having a significant effect on compliance with, and monitoring of, disclosure laws. When a company breaches disclosure laws a question arises as to whether the directors or officers of the company might be personally liable. This question […]

Ralf Poscher, ‘Artificial Intelligence and the Right to Data Protection’

ABSTRACT One way in which the law is often related to new technological developments is as an external restriction. Lawyers are frequently asked whether a new technology is compatible with the law. This implies an asymmetry between technology and the law. Technology appears dynamic, the law stable. We know, however, that this image of the […]

‘The Reality of Class-Action Appeals’

Bryan Lammon, An Empirical Study of Class-Action Appeals (2020), available at SSRN. Modern class-action scholarship needs more myth-busting. Class-action narratives – for and against aggregate litigation – have spurred decades of procedural reform, from the 2005 Class Action Fairness Act to amendments to Federal Rule of Civil Procedure 23. Scholarship rarely interrogates whether the reality […]