Category Archives: Public law

Daniel Viehoff, ‘Legitimate Injustice and Acting for Others’

“It is practically inevitable that even the best-intentioned public officials occasionally inflict unjust harm on people who should not have to suffer it. They mistakenly arrest innocent suspects, and convict innocent defendants. They erroneously adopt and enforce criminal laws that unduly restrict our freedom. They vote for, implement, and enforce tax laws that unfairly burden […]

Tom Cornford, ‘Liability for failure to exercise child protection powers’

“This note concerns two recent cases dealing with the negligence liability of child protection authorities, HXA v Surrey County Council and DFX v Coventry City Council. In DFX, the High Court considered and rejected claims in negligence against the defendant authority for its failure to remove the claimant children from their abusive parents. In HXA, […]

Jason Varuhas, ‘Transcending the Public Law-Private Law Divide’

ABSTRACT Nearly every major legal issue today implicates both public law and private law. Yet legal scholars have struggled to deliver solutions to many of these issues. A core reason for this is continuing reliance on the public law-private law division. That division offers a problematic basis for legal reasoning. It has little historical pedigree […]

Alexandra Noetzel, ‘Balancing Efficiency and the Public Interest: A Comparative Analysis of Force Majeure Defaults in Government Contracting’

ABSTRACT Exemplified by the COVID-19 pandemic, contractual force majeure provisions can serve to protect contracting parties but can also place the risk of nonperformance on parties if the specific elements of the provision cannot be met. The current federal regulations governing government procurement in the United States lack the proper blend of uniformity and flexibility […]

Aditi Bagchi, ‘Law and the Moral Dynamics of Collective Action’

ABSTRACT Many moral demands on social groups cannot be met without cooperation among group members. In some cases, individual action does not advance the collective moral interest at all without some threshold level of cooperation by other group members. Is an individual required to act as if others will cooperate even if she knows that […]

Jiang and Von Appen, ‘The New Validity Rules in Chinese Civil Code and Chinese State-owned Enterprises’ Freedom in Contracting: One Step too Far’

ABSTRACT Upon the enactment of Chinese Civil Code, the previous rules that allowed for enlarged state power to annul contracts such as General Principles of Civil Law article 58 §3 and Contract Law article 52 §1-§2 were dropped. Chinese law has gone one step further in promoting freedom of contract. The validity rules now have […]

Sarah Lynnda Swan, ‘Running Interference: Local Government, Tortious Interference with Contractual Relations, and the Constitutional Right to Petition’

ABSTRACT Local governance is a participatory sport. Businesses bring preemption claims; constituents and other entities enforce municipal laws; and individuals and interest groups enthusiastically engage in significant grassroots petitioning and lobbying. The boundary between the governed and those doing the governing is at its most porous here, with constituents and leaders often moving in and […]

‘Israel: supreme court’s double standard on liability is unfair to Palestinians’

“One of the most basic and intuitive features that are expected of any legal system is to treat similar cases in a similar way. Sadly, when it comes to the law of negligence, Israel is not consistent in its treatment of Palestinians and other (often Jewish) citizens. In the recent case of Plonim v The […]

‘Restitution and Reasonableness Review: Ontario Addiction Treatment Centres v Canada (Attorney General), 2022 FC 393′

“The application of the principles of restitution/unjust enrichment to overpayments of tax in Canada is in a muddled state. The problem arises where a taxpayer overpays on the basis of a mistake of law or a mistake of fact, a capacious set of categories which can include mistakes about the lawfulness or applicability of a […]

Zamir Golestani, ‘Surrey County Council v NHS Lincolnshire Clinical Commissioning Group and the relationship between unjust enrichment and public bodies’

ABSTRACT In both tort and contract, the addition of a public body as a party to proceedings typically superimposes complex, policy-based considerations onto a given claim. This premise remains true in the context of a claim concerning restitution for unjust enrichment. The recent case of Surrey County Council v NHS Lincolnshire [2020] EWHC 3550 (QB) […]