Author Archives: Steve Hedley

‘The Alarming Privatization of Our Judicial System’

“Part of the growth in revenue was due to the increase in private arbitration. As courts struggled to adapt, more litigants turned to private solutions, like mediation and arbitration …” (more) [Heather Douglas, Slaw, 3 March]

‘A Restrictive Interpretation?’

“Covenants in restraint of trade present, in the words of the editors of Chitty on Contracts, ‘peculiar conceptual difficulty’. It is well known that such covenants may attract the application of the Nordenfelt test – namely, they must be no wider than is reasonable by reference to the interests of the parties concerned and the […]

David Raphael, ‘An Australian view on a Trustee’s duty to account and to keep records and identify just what records should be kept and to discuss what are trust documents’

ABSTRACT This article reviews the law in England and Australia on the subject of a trustee’s duty to account and to keep appropriate records, and in that connection, what should be contained in a trustee’s minutes of deliberation and indeed what are, in fact, trust documents and the nature and extent of them. Related consideration […]

Reinhard Zimmermann, ‘The Significance of the Principles of European Contract Law’

ABSTRACT In his autobiographical account ‘My Life as a Lawyer’ Ole Lando wrote: ‘I set out to try and unify the substantive contract law in the EU. My efforts started in 1976’. These efforts were to lead to the publication of the Principles of European Contract Law (PECL) in 1995 (Part I), 2002 (Parts I […]

James Netter, ‘Injunction Junction, What’s Your Function? Crafting Permanent Injunctions to Be Appropriate Remedies in Defamation Cases’

ABSTRACT Permanent injunctions can be an appropriate remedy in defamation suits not only from a constitutional perspective, but also because of the way people interact in the Internet Age. This is an early version, for the complete and final version, please refer to the published version with the Georgia Law Review. Netter, James, Injunction Junction, […]

Timothy Endicott, ‘Authentic Interpretation’

ABSTRACT I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is […]

Anna Grandori, ‘Responsibility, Rightholding and Uncertainty’

ABSTRACT Integrating law, economics and organization theory, the paper argues that important aspects of social responsibility (SR), figure among the raisons d’etre of the firm as an institution of modern economic and juridical systems. Furthermore, a nexus between SR and the uncertainty of consequences of economic action is established, shedding new light on some of […]

Peari and Khanderia, ‘Party Autonomy in the Choice of Law: Some Insights from Australia’

ABSTRACT The party autonomy doctrine represents a very central component of international commerce. According to this doctrine, the parties to an international contract have the freedom to determine the applicable law to govern their dispute. Thus, party autonomy becomes a significant doctrine that affects the nature and effect of cross-border commercial transactions. Furthermore, the doctrine […]

J Janewa OseiTutu, ‘IP in the African Union: Opportunities for New Discourse?’

ABSTRACT The African Union (AU) has embarked on the important process of creating intellectual property (IP) law and policy for the African continent. As this book chapter explains, it is difficult to decipher a coherent approach to the AU’s IP policy for Africa. However, there are some common themes in the AU documents that should […]

Louisa Specht, ‘Copyright Protection for Algorithm Products?’

ABSTRACT A portrait of a somewhat pale-looking man painted in a style of an artist dead for over 340 years now: ‘The Next Rembrandt’ is an incredibly realistic 3D print work created in 2016 based on data mined from 346 original Rembrandt paintings via algorithm. When the line between man and machine blurs, our existing […]