Author Archives: Steve Hedley

Amir Licht, ‘Varieties of Shareholderism: Three Views of the Corporate Purpose Cathedral’

ABSTRACT This Chapter seeks to make three modest contributions by offering views of the corporate purpose cathedral that bear on the role of law in it. These views underscore the difference and the tension between an individual perspective and a societal/national legal perspective on the purpose of the corporation. First, it reviews a novel dataset […]

Dagan and Kreitner, ‘Economic Analysis in Law’

ABSTRACT This Essay explores the relationship between normative law and economics and legal theory. We claim that legal theory must account for law’s coerciveness, its normativity, and its institutional structure. Economic analyses that engage these features are an integral part of legal theory, rather than external observations about law from an economic perspective. These analyses, […]

Just Published: Misleading Silence (Bant and Paterson eds)

This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common […]

‘A Duty of Loyalty for Privacy Law’

“It wasn’t supposed to be like this. When the Internet emerged in the mid-1990s, it was heralded as an unprecedented technology of human empowerment; a place where human beings could meet, learn, and express themselves, transforming our society for the better. It was also hailed as a realm of privacy, in which those empowered humans […]

William Magnuson, ‘A Unified Theory of Data’

ABSTRACT How does the proliferation of data in our modern economy affect our legal system? Scholars that have addressed the question have nearly universally agreed that the dramatic increases in the amount of data available to companies, as well as the new uses to which that data is being put, raise fundamental problems for our […]

John Fabian Witt, ‘The Historical Logics of Work Accident Law’

Nate Holdren, Injury Impoverished: Workplace Accidents, Capitalism, and the Law in the Progressive Era (New York: Cambridge University Press, 2020). Pp 300. $59.99 (hardcover). ISBN: 978-1108488709. If reading books like Nate Holdren’s new Injury Impoverished is what happens to mid-career scholars, then I’m all for aging. Holdren has written a brilliant, impassioned, and intellectually stimulating […]

Min Yan, ‘Shareholder Control in the Context of Corporate Social Responsibility – A Fundamental Challenge to the Modern Corporation’

ABSTRACT Shareholders are entitled to participate in the corporate decision-making and internal governance when it comes to determining corporate leadership or/and fundamental corporate changes. Accordingly, any discourse of corporate social responsibility (CSR) without a serious discussion on shareholders’ role will be incomplete at best and misleading at worst. This article is one of the first […]

Rosie Wilson, ‘Comedy in Court: How Should the Courts Define Parodies and Humor Under UK Copyright Law?’

ABSTRACT This paper considers how the courts should define parodies under UK copyright law, following the proposal by the Court of Justice of the European Union in Deckmyn and another v Vandersteen and others, Case C-201/13 that a parody must be ‘humorous’. Overall, it is argued that the British courts should adopt a generous and […]

‘Artificial Intelligence and the Idea of a Legal Singularity’: Jones Day Professorship of Commercial Law Lecture, 18 November 2020

Artificial intelligence (AI), as an idea, has captured the legal imagination, with visions of a future populated by machines simulating legal advisers and even judges. While progress is being made in a variety of areas including partial automation of discovery, due diligence, compliance, information retrieval, and drafting functions, the limits are often hard to articulate. […]

Hiroyuki Watanabe, ‘The South African Law of Trusts’

ABSTRACT This is a transcript of an interview with Professor Francois Du Toit on the South African law of Trusts. He has specialized in property law and also one of the authorities on the law of trusts in the South Africa. The meeting was held in March 2011 at the University of Groningen in the […]