Monthly Archives: January, 2016

Ana Ramalho, ‘Conceptualising the European Union’s Competence in Copyright: What Can the EU Do?’

Abstract: The EU Treaties do not grant the EU a specific competence to intervene in the field of copyright. The competence of the EU to act in the field of copyright has so far been primarily based on the need to build an internal market. The problem of attaching the harmonisation of copyright to internal-market […]

Graham Virgo, ‘Restitution and Unjust Enrichment in the Supreme Court: Reflections on Bank of Cyprus UK Ltd v Menelaou

Introduction: Reading the decision of the Supreme Court in Bank of Cyprus UK Ltd v Menelaou is like opening a much anticipated Christmas present and realizing both that it is not what you wanted but also that the giver of the present never had any sensible idea as to what you wanted. Menelaou is arguably […]

Leslie Kendrick, ‘How Much Does Speech Matter?’

Abstract: In Speech Matters (Princeton 2014), Seana Shiffrin explains why lying is wrong, why freedom of speech is right, and why those two views are compatible. This review lauds Shiffrin’s book for its creative and powerful coherence of vision. It lays its claims about both lying and free speech on the same foundation: on a […]

‘The new UK law on penalty clauses and European private law’

“Recent decisions by the UK Supreme Court on penalty clauses are of some interest from the point of view of European private law. The decisions were in the conjoined cases of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis [2015] UKSC 67. They have been admirably discussed by Martin Hogg […]

Anita Bernstein, ‘Voluntary Recalls’

Abstract: The voluntary recall of a defective product, whereby a manufacturer or seller encourages purchasers to return a defective item, looks like a much happier phenomenon than what it fends off: injury for the buyer, liability for the seller, burdens on regulators. Acknowledging these advantages, this Article reviews other aspects of the voluntary-recall fix. First, […]

‘Mapping Chinese Trusts with a Patrimony Compass’

Kai Lyu, Re-Clarifying China’s Trust Law: Characteristics and New Conceptual Basis, 36 Loyola at LA International and Comparative Law Review 447 (2015). Kai Lyu explains some of the unique characteristics of Chinese trust law in Re-Clarifying China’s Trust Law: Characteristics and New Conceptual Basis. China’s civil law basis makes for a strange soil in which […]

Cohen and Henning, ‘Freedom of Contract vs. Free Alienability: An Old Struggle Emerges in a New Context’

Abstract: This article addresses a contemporary reigniting of an ages-old conundrum in Anglo-American law. The conundrum results from the collision of two concepts that are usually thought of as mainstays of the law – freedom of contract and free alienability of property – in the context of assignments of receivables. A prototypical case is easy […]

Froomkin and Colangelo, ‘Self Defense Against Robots and Drones’

Abstract: Robots can pose – or can appear to pose – a threat to life, property, and privacy. May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or […]

Pascale Chapdelaine, ‘The Undue Reliance on Physical Objects in the Regulation of Information Products’

Abstract: The presence of a physical object (a book, DVD, CD) plays a determinant role in how information products (eg, commercial copies of computer programs, books, musical recordings, video games, and virtual worlds) are regulated, in contrast with copies of similar information products with no physical embodiment. The presence of a physical object influences how […]

‘Stealth Ways to Keep Tort Cases from African-American Juries’

Donald G Gifford and Brian M Jones, Keeping Cases from Black Juries: An Empirical Analysis of How Race, Income Inequality, and Regional History Affect Tort Law, Washington and Lee Law Review (forthcoming 2016), available at SSRN. What do Alabama, Maryland, North Carolina, Virginia, and Washington DC have in common? Answer: They all apply the doctrine […]