Author Archives: Steve Hedley

Yun-chien Chang, ‘Property and Empirical Comparative Legal Studies’

ABSTRACT Building on existing empirical comparative property law works, this chapter points out three different types of additional property data needed for future works: data on substance of property law, data on how property law operates, and data on property-related law in other fields such as criminal law and constitutional law. As examples, this chapter […]

Mohan and Gupta, ‘Litigating Barbie: Trade Mark Infringement, Parody and Free Speech’

ABSTRACT In the contemporary marketplace, trade marks are not mere monikers of origin. While often regarded as commercial symbols, trade marks sometimes become part of the commonplace vocabulary and are indelibly linked to expressing ideas and thoughts. In recent years, the dichotomy of expansive protection offered through the trade mark law and use of marks […]

Michelle O’Sullivan, ‘The Expansion of Wage Theft Legislation in Common Law Countries – Should Ireland be Next?’

ABSTRACT While employment laws exist to protect workers from the unfair exploitation, evidence suggests that wage theft is a prominent practice. Wage theft has received considerable public policy attention in several common law countries leading to the introduction of new legislation on the basis that existing legal regulations were inadequate and because the effects of […]

‘Transaction Costs in Common Ownership’

“‘Common Ownership’ arises when shareholders hold substantial stakes in different firms that impose externalities on each other, and it challenges the assumption that firms act to maximize their own profits. While firm decisions are ordinarily made by its board of directors and managers, most shareholders retain control over the appointment and dismissal of directors. Furthermore, […]

‘7th World Congress on Adult Capacity 2022’

“I have heard that the 7th World Congress on Adult Capacity 2022 was quite successful. I was excited to see that the conference organizers have published a link to download the various presentations …” (more) [Rebecca C Morgan, Elder Law Prof Blog, 26 July]

‘Quantifying Damages for Psychiatric Injury and Distress Caused by Data Breaches’

“Both s 13 of the Data Protection Act 1998 (‘DPA 98’) and Art 82 of the General Data Protection Regulation (‘GDPR’) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s 168 of the Data Protection […]

Garzarelli, Keeton and Sitoe, ‘Rights redistribution and COVID-19 lockdown policy’

ABSTRACT What is the tenet upon which the public policy of lockdown by fiat experienced during the COVID-19 pandemic is based on? The work approaches this question about the rationale of the mandatory shelter-in-place policy as an interpersonal exchange of rights, but where the exchange occurs coercively instead of voluntarily. It compares, in positive political […]

Vladimir Bogoeski, ‘Nonwaivability of Labour Rights, Individual Waivers and the Emancipatory Function of Labour Law’

ABSTRACT This paper intervenes in ongoing discussions on emerging legislation and jurisprudence across jurisdictions offering employees the possibility to renounce established labour rights through individual labour rights waivers. Building on discussions about consent and coercion in the employment relationship, the paper argues that individual labour rights waivers in most cases undermine labour law’s overall emancipatory […]

‘New Private Law Theory: Problems and Perspectives’ – special issue of German Law Journal

New Private Law Theory – A Very Brief Introduction (Stefan Grundmann, Hans-W Micklitz and Moritz Renner) ‘New Private Law Theory’ as a Mosaic: What Can Hold (Most of) It Together? (Hanoch Dagan) A New Genre for a Discipline Made New (Daniel Markovits) Is Law Like Social Sciences? On ‘New Private Law Theory’ and the Call […]

‘Reflections on the Canadian Law of Obligations Conference: The Power and Limits of Private Law’

“On June 23 and 24, 2022, the Peter A Allard School of Law hosted the third Canadian Law of Obligations (CLO) conference, held on the grounds of UBC’s Green College. The theme of the conference was The Power and Limits of Private Law. This edition of the conference honoured the accomplishments and career of Dr […]