Category Archives: Public law
Ndjuoh MehChu, ‘Apologies in Blue’
ABSTRACT When police use excessive force, the physical encounter is only the beginning of the injury. What typically follows is a systematic assault on the victim’s character and reputation, driven by an institutional ecosystem – including law enforcement, the courts, and media – that produces exculpatory narratives to favor the state. By shifting blame onto […]
Ellen Rock, ‘Public Law Breaches and Private Law Wrongs: Government Liability in Tort for Acts beyond Power’
ABSTRACT No tort provides a direct remedy for loss arising from a flawed exercise of public power. However, it is not uncommon for a tort claim against government to raise questions regarding compliance or noncompliance with limits applicable to a statutory power. This article demonstrates that liability in these contexts might come to turn on […]
Dan Harris, ‘Israel, Defence Stocks and Divestments: Equity’s Intervention when LGPS Fiduciaries Play at Geopolitics’
ABSTRACT The Local Government Pension Scheme (‘LGPS’) is typically administered by local authorities. Somewhat incongruously with its localised nature, or even recent pooling measures, there are attempts by those campaigning for boycott, divestment and sanctions (‘BDS’) against the State of Israel to extend the reach of the town hall into the geopolitical arena. The decision […]
Gary Kok Yew Chan, ‘Government Vicarious Liability and the Concept of Deemed Equality with Private Persons’
ABSTRACT The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government […]
RonNell Andersen Jones, ‘Democracy preservation and the limits of libel law’
ABSTRACT This Eric Barendt Annual Media Law Lecture considers what American libel law can and cannot do to help preserve liberal democracy. It explores the wave of recent US cases that have attempted to use libel law to protect democracy-preserving truth and examines the ways that it has been an effective instrument in advancing this […]
Just Published: Kohavi, Constitutional Rights in Private Law
Constitutional Rights in Private Law – Tom Kohavi This book provides the philosophical foundations for the application of constitutional rights in private law – and more broadly, for social justice-oriented private law reform. It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature […]
Ellen Rock, ‘Public Law Breaches and Private Law Wrongs: Government liability in tort for acts beyond power’
ABSTRACT No tort provides a direct remedy for loss arising from a flawed exercise of public power. However, it is not uncommon for a tort claim against government to raise questions regarding compliance or noncompliance with limits applicable to a statutory power. This article demonstrates that liability in these contexts might come to turn on […]
Call for Papers: ‘Economic Aspects of the Constitution’: University of Glasgow, 16-17 April 2026
The workshop seeks to explore those aspects of the constitutional order of the United Kingdom (as well as its Overseas Territories and the Crown Dependencies) which have an economic element. Any proposal for a paper which fits the workshop theme is welcome, but possible topics include the following: … (more)
Oren Bracha, ‘Pointless IP’
ABSTRACT This Essay examines the recent rise of originalist and textualist methods of analysis in the Supreme Court’s intellectual-property jurisprudence. The features and failures of these methods are examined by analyzing their application by the Court within three areas of intellectual-property law. In all three areas, originalism and textualism have led to perplexing and unsatisfactory […]
Schwartz, Reinert and Pfander, ‘Empiricism and Constitutional Torts’
ABSTRACT The Supreme Court has deliberately framed the law of constitutional torts as a balance between assuring redress for victims, deterring misconduct, and maintaining effective government services. Yet as the Supreme Court has shaped the contours of litigation against state and local actors (under 42 USC § 1983) and federal actors (under the Bivens doctrine), […]