Author Archives: Steve Hedley

‘Rethinking the Fee Simple in Rural America’

Jessica A Shoemaker, ‘Fee Simple Failures: Rural Landscapes and Race’, 120 Michigan Law Review 1695 (2021). Newly released census data reveals that our rural places continue to shrink. The recent Intergovernmental Panel on Climate Change (IPCC) report cements that climate change is widespread and intensifying. The pandemic has hit hard in rural places, with outbreaks […]

Mitchell McInnes, ‘Illegality and Unjust Enrichment’

ABSTRACT Within private law, the defence of illegality has long been a source of confusion and injustice. The problems have been particularly acute within the law of unjust enrichment. The pendulum has swung from one extreme to another. During the 19th century. an unforgiving conception of illegality defeated restitutionary claims on the basis of relatively […]

Erik Olsen, ‘The Tort of Negligent Investigation: Canada’s Recognition of the Tort as a Model for Improving Compensation for the Wrongfully Convicted’

“… This note describes Canada’s tort of negligent investigation, argues that exonerees in the United States would benefit from access to such tort liability, and explains where the tort could and could not fit into American law. In Part I, this note discusses the Supreme Court of Canada’s Hill v Hamilton-Wentworth Regional Police Services Board […]

Jonathan Hardman, ‘The butterfly effect: Theoretical implications of an apparently minor corporate transparency proposal’

ABSTRACT The UK government has proposed a seemingly minor change to the UK corporate transparency regime, being to require Companies House to verify the identity of new directors of companies, persons of significant control and those incorporating companies, to help in the fight against corporate crime. These proposals seem sensible and innocuous. However, there are […]

Cathay Smith, ‘Political Fair Use’

ABSTRACT During election season, politicians and political campaigns often use pop culture or iconic works, such as viral memes or popular songs, to help convey their political messages – often without authorization from the copyright owners of these works. As politics and politicians become ever more divisive, these unauthorized political uses of copyrighted works can […]

Charles Lincoln, ‘The Contractual and Tax Implications of The Phantom of the Opera

ABSTRACT The substantive story of Gaston Leroux’s The Phantom of the Opera (Le Fantôme de l’Opéra) is largely about contract analysis and whether the managers and ‘the phantom’ have had a ‘meeting of the minds’ – consensus ad idem. The question is whether the Phantom and the Managers reached a ‘meeting of the minds’ or manifested […]

‘Nate Oman on Contracts, Markets, and Liberalism’

“Nate Oman is a Professor of Law at William and Mary Law School. Nate has written extensively about contract theory and law and religion, and he is the author of several articles and books, including The Dignity of Commerce, published in 2016 by the Chicago University Press. In this episode, we talk about his work […]

Pauline Bomball, ‘Contractual Autonomy and Public Policy in Australian Labour Law’

ABSTRACT Recent changes in the nature of work relationships have drawn into sharp focus the way that employing entities may disguise employees as independent contractors and thereby remove those employees from the protective domain of labour law. In many cases, the avoidance of labour statutes is facilitated by the use of contractual terms that disclaim […]

Christie, Dent and Studdert, ‘Evidence of “Evergreening” in Secondary Patenting of Blockbuster Drugs’

ABSTRACT Secondary patents associated with blockbuster drugs are granted for follow-on innovations relating to the active pharmaceutical ingredient (‘API’) of the drug. Our analysis of all secondary patents for 13 top-selling drugs in Australia shows that, while the majority of follow-on innovations are made by entities other than the originator of the drug, the innovations […]

‘Injunctive Relief to Prevent Monetary Damages in Estate Litigation’

“Generally, a party is only entitled to injunctive relief if they can ‘demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages …’ However, the US District Court recently decided that injunctive relief was necessary to preserve monetary assets pending the resolution of the matter …” (more) […]