Category Archives: Remedies and Procedure

‘Section 230 and the Presumption Against Extraterritoriality’

“The Ninth Circuit opinion in Gonzalez v Google (2021) raises important questions about how the presumption against extraterritoriality applies to immunity defenses invoked by social media companies under 47 USC § 230. Section 230 shields internet companies from civil liability for user-generated content hosted on their platforms. Gonzalez holds, effectively, that there is no conceivable […]

David Tan, ‘Prolegomena to the UN Convention on International Mediated Settlement Agreements Resulting from Mediation’

ABSTRACT This article aims to offer a detailed overview of the Singapore Convention on Mediation (formally known as the UN Convention on International Mediated Settlement Agreements Resulting from Mediation). The Convention establishes a unified, efficient system for the enforcement of international mediated settlement agreements – akin to the framework established for arbitral decisions by the […]

‘Matters Relating to a Contract – The Saga Continues (with AG Szpunar’s Opinion on Case C-265/21, AB et al v Z EF)’

“With Case C-265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art 7(1) Brussels Ia. The Opinion by AG Szpunar, which was published last week, might give readers an indication of what to expect. […]

Bennett Au-Yeung and Samuel Yee Ching Leung, ‘In search of a laundry receipt’

ABSTRACT There are, in general, three widely considered theoretical bases for a knowing receipt claim: unconscionability, a subsisting proprietary interest and unjust enrichment. In Byers v Saudi National Bank, the English Court of Appeal seemed to have settled for the first two bases. In this article, we first question why unconscionability alone cannot serve as […]

Shanahan, Steinberg, Mark and Carpenter, ‘The Institutional Mismatch of State Civil Courts’

ABSTRACT State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state […]

‘FullCompensation: pain and suffering damages shouldn’t be a lottery’

“Suppose that you get injured in an accident. In that case, you are entitled to damages. Damages are money that the injurer (or their insurer) must pay to you to make you ‘whole’. The aim of damages is, basically, to fully compensate you. Sounds easy? Believe me, it’s not! …” (more) [Andrea Parziale, Maastricht University, […]

Richard Garnett, ‘Determining the Appropriate Forum by the Applicable Law’

ABSTRACT The concepts of jurisdiction and applicable law have been traditionally regarded as separate inquiries in private international law: a court only considers the applicable law once it has decided to adjudicate a matter. While such an approach still generally applies in civil law jurisdictions, in common law countries the concepts are increasingly intertwined. This […]

‘NASA Wants Its Moon Dust And Cockroaches Back – Now!’

“The space agency has asked Boston-based RR Auction to halt the sale of moon dust collected during the 1969 Apollo 11 mission that had subsequently been fed to cockroaches during an experiment to determine if the lunar rock contained any sort of pathogen that posed a threat to terrestrial life. The material, a NASA lawyer […]

Hilary Young, ‘Permanent Injunctions in Defamation Actions’

ABSTRACT In the internet era, permanent injunctions prohibiting defamatory speech are increasingly being sought and ordered following a finding of liability. This may seem unproblematic since a court will have found particular speech to be unlawful – defamatory and likely false. However, there are good reasons to be cautious in permanently enjoining defamatory speech. This […]

Jason Tashea, ‘Justice-as-a-Platform’

ABSTRACT This landscape analysis is a snapshot of how technology and data are used to address the access to justice gap around the world. These innovations attempt to increase legal system efficiency, access to justice services, and the agency of civil and criminal legal system-involved people. While these projects may seem discrete or independent, they […]