Author Archives: Steve Hedley

‘Unjust enrichment by failure of consideration: HKR Middle East Architects Engineering LC v English

“The Abu Dhabi Plaza (pictured left), in Nur-Sultan (formerly Astana), the capital city of Kazakhstan, is the highest building in Kazakhstan and Central Asia. It was designed by HKR Middle East (HKRME) Architects in the United Arab Emirates, whose principal was Dublin architect Jeremiah Ryan. To keep his UAE receipts beyond the reach of his […]

‘Frustrated Contracts and Wedding Venues’

“In the recent appeal of Willis v Offley Place Hotel HHJ Clarke allowed the venue to retain two thirds of its expenses incurred. The judge’s methodology in reaching that figure is of great significance. It was held that such expenses should be calculated by considering the entirety of the costs of running the venue including […]

Martin Fredriksson, ‘India’s Traditional Knowledge Digital Library and the Politics of Patent Classifications’

ABSTRACT This article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory […]

Thompson and Kuhn, ‘Does Winning a Patent Race lead to more follow-on Innovation?’

ABSTRACT Competition between firms to invent and patent an idea, or ‘patent racing’, has been much discussed in theory, but seldom analyzed empirically and never at scale. This article introduces an empirical way to identify patent races, and provides the first broad-based view of them in the real world. It reveals that patent races are […]

Hills and Schleicher, ‘Building Coalitions Out of Thin Air: Transferable Development Rights and “Constituency Effects” in Land Use Law’

ABSTRACT Transferable Development Rights (TDRs) were supposed to be a solution to the intractable problems of land use, a bit of institutional design magic that married the interests of development and preservation at no cost to taxpayers and with no legal risk. Under a TDR program, development is limited or barred on properties targeted for […]

Asay and Plamondon Bair, ‘COVID-19 and Its Impact(s) on Innovation’

ABSTRACT In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E Teitelbaum Utah Law Review Symposium – The Law and Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 […]

Jayems Dhingra, ‘Force Majeure Event Clauses – A Risk Sharing Strategy in Charterparty for Offshore E&P Rigs and Shipbuilding Contracts’

ABSTRACT This article was first published in the ICMA Proceedings 2012, and is being revisited in context of ongoing pandemic to demonstrate that the principle of Force Majeure remains unchanged for Offshore and Marine Industry. The question in the minds of every enterprise engaged in long term Oil and Gas industry contracts, ‘Is COVID-19 Pandemic […]

Natalie Sheard, ‘Employment Discrimination by Algorithm: Can Anyone be Held Accountable?’

ABSTRACT The use by employers of algorithmic systems to automate or assist with recruitment decisions (Algorithmic Hiring Systems (‘AHSs’)) is on the rise internationally and in Australia. High levels of unemployment and reduced job vacancies provide conditions for these systems to proliferate, particularly in retail and other low wage positions. While promising to remove subjectivity […]

Facing Up to Scarcity: The Logic and Limits of Nonconsequentialist Thought

Barbara H Fried, Facing Up to Scarcity: The Logic and Limits of Nonconsequentialist Thought, Oxford University Press, 2020, 269pp, $70.00 (hbk), ISBN 9780198847878. Barbara H Fried (a law professor at Stanford) has published extensively on theories of distributive justice. This book consists of revised versions of ten previously published articles (1995-2020) plus three new chapters. […]

‘Bacardi guaranteed or indemnified to breeze through contractual interpretation’

“Once again the court looks at the vexed question of the distinction between a guarantee and an indemnity. The main dispute arose under a cost-sharing agreement and was referred to arbitration. This was the trial of a number preliminary issues about the surety obligations under the agreement. I am going to look just one of […]