Category Archives: Remedies and Procedure

‘Overseas websites and the GDPR’s reach’

“Suppose I run a website in the US. I only have staff and offices there, and my target audience is America. Sometimes punters in the UK read my stuff and even buy the odd thing from my website, but not that much, and I don’t really care if they do or not. Is the territorial […]

‘Conditional payment clauses in the UK and Middle East’

“Managing and securing the cash flow of any business enterprise is of paramount importance, and contracting parties in the construction industry are no exception to this. If regular cashflow from the main contractor to its subcontractors and the supply chain is disrupted, parties to the project may soon find themselves in difficulty. The purpose of […]

Suzanne Chiodo, ‘Ontario Civil Justice Reform in the Wake of COVID-19: Inspired or Institutionalized?’

ABSTRACT On 17 March 2020, Ontario’s courthouses shut their doors as the civil justice system locked down with the rest of the province. Regular court operations were suspended due to the state of emergency caused by the COVID-19 pandemic. This was followed by a flurry of activity as courts drew up plans to resume operations […]

‘How Civil Lawsuits Can Mitigate our Nation’s Crises’

“In nearly every state, as well as in Congress, proposals abound to limit the rights of Americans to use the civil justice system. The fundamental PR message of corporate and other special interests behind these proposals is that the civil justice system is somehow harmful to us as a nation, instead of something to be […]

‘Empirical Conjectures About the Effects of Raising the Jurisdictional Amount’

“As my Civ Pro colleagues periodically remind me, we’re likely overdue for an increase to jurisdictional thresholds. Even if they’re correct, however, what might be the expected (and unexpected) consequences of various increases to jurisdictional thresholds? A recent paper by Steven Gensler (Oklahoma) and Roger Michalski (Oklahoma), The Million Dollar Diversity Docket, puts these counter-factual […]

Eric Goldman, ‘Dear President Biden: You Should Save, Not Revoke, Section 230’

ABSTRACT During the 2020 presidential race, Joe Biden said that he is in favor of repealing Section 230, the law that says websites aren’t liable for third-party content. This open letter to President Biden articulates four principles for his consideration of Section 230. As president, Biden should (1) set the right factual baseline, (2) set […]

Stellina Jolly and KS Roshan Menon, ‘Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India’

ABSTRACT A study of the rights regime for environmental protection in India indicates that such protections overlap with constitutional rights guaranteed primarily to citizens or persons under the law. Contemporary jurisprudence has aggressively developed this intersectionality, declaring natural entities to be living persons with fundamental rights analogous to those of human beings. This article explores […]

Ole Aldag, ‘Due Diligence and Environmental Damages Under Rome II’

ABSTRACT Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types […]

Ying Khai Liew, ‘Limitation Periods and Constructive Trusts in Malaysia’

ABSTRACT Malaysia, as a former British colony, has inherited much of its trusts law from the English. One notoriously difficult area of law is constructive trusts. Precisely when and why constructive trusts arise are fundamental but imperfectly understood matters. This is unfortunate, because the lack of understanding might, in practice, be critically relevant for the […]

Ying Khai Liew, ‘Proprietary Estoppel Remedies in Hong Kong: Lessons from Singapore, England, and Australia’

ABSTRACT This paper addresses the remedial approach which ought to be taken in relation to proprietary estoppel, an important matter which Hong Kong courts have yet to address explicitly. Drawing from the divergent experiences of England, Australia, and Singapore, it makes two central points. First, the provision of expectation relief, as opposed to compensation for […]