Monthly Archives: May, 2016

Christopher French, ‘The Insurability of Claims for Restitution’

Abstract: Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (eg, a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that […]

‘Regulating for Corporate Sustainability: Why the Public-Private Divide Misses the Point’

“Is the company a public or private entity? This intellectually interesting debate may serve as a deflection device, keeping bright academic minds occupied with discussing the nature of the company. In my forthcoming chapter in Understanding the Modern Company (Choudhury and Petrin, eds, Cambridge University Press), I argue that the debate risks exacerbating unnecessarily entrenched […]

Taisu Zhang, ‘Moral Economies in Early Modern Land Markets: History and Theory’

Abstract: This article considers the applicability of ‘moral economy’ theories to early modern land markets. It asks whether moral norms – specifically, moral condemnation of land selling – substantially impeded land alienation in several major early modern economies: China, England, and Japan. Historians and anthropologists have long argued that they did, but a review of […]

Myles McLellan, ‘Innocence Compensation: Private Law Principles for Public Law Remedies’

Abstract: As challenging as it is for an innocent person accused of a crime to be successfully exonerated, the pursuit of compensation to redress the harm caused by that accusation is an entirely new yet continuing burden. Notwithstanding the State’s error or in the investigation and prosecution that wrongly caused damage, there are substantial hurdles […]

Martijn Hesselink, ‘Private Law and the European Constitutionalisation of Values’

Abstract: According to the CFREU, the EU is founded on the general values such as values of human dignity, freedom, equality and solidarity. In addition, the TEU refers to a more political set of foundational values, ie respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. These references […]

Chin, Rabinowitz and Quinn, ‘The Presumption of Resulting Trust and Beneficiary Designations: What’s Intention Got to Do with It?’

Abstract: When opening an RRSP or RRIF, investors typically designate a beneficiary. We expect that, when making this choice, most investors intend that their designated beneficiary will indeed benefit from the investment on their death. And further, if there is a dispute between the designated beneficiary and the investor’s estate, we expect investors intend that […]

‘The Second Circuit Polices the Contract-Tort Boundary’

“On Monday the Second Circuit released its decision in US ex rel O’Donnell v Countrywide Home Loans. This is a major case – in terms of dollar amounts (the trial court had assessed a $1.27 billion penalty against Countrywide), for understanding the law’s ability to deal with the wrongs that caused the subprime mortgage crisis, […]

The Right to be Forgotten – special number of the International Review of Law, Computers and Technology

The Right to be Forgotten – special number of the International Review of Law, Computers and Technology International Review of Law, Computers and Technology Volume 30, Issue 1-2, 2016 € On forgetting, deleting, de-listing and starting afresh! Jeanne Pia Mifsud Bonnici and Albert J Verheij The Italian perspective of the right to oblivion Maria Angela […]

Lionel Smith, ‘The Duties of Trustees in Comparative Perspective’

Abstract: The new Czech Civil Code includes a trust that was inspired in part by the trust of Quebec law. In this paper, I aim to provide a comparative overview of the duties of trustees, looking at their conceptual organization and their strictness, as well as the extent to which such duties are mandatory or […]

Henry Smith, ‘Fusing the Equitable Function in Private Law’

Abstract: Whether and to what extent we should desire the fusion of law and equity depends on the function it serves. This paper draws on systems theory to show how equity is a second-order check on the workings of the law, when complex problems such as party opportunism call for such targeted intervention. Seen from […]