Monthly Archives: June, 2016

Phoebe Galbally, ‘A “Serious” Response to Trivial Defamation Claims: An Examination of S 1(1) of the Defamation Act 2013 (UK) from an Australian Perspective’

Abstract: This article describes the reforms instituted by s 1(1) of the Defamation Act 2013 (UK). It tracks the common law developments leading to the enactment of s 1(1) of the Defamation Act 2013 (UK), focussing on the principles established in Jameel v Dow Jones and Thornton v Telegraph Media Group. Defamation Act 2013 (UK) […]

Victoria Haneman, ‘Incorporation of Outcome-Based Learning Approaches into the Design of (Incentive) Trusts’

Abstract: This Essay is based on a panel discussion at Asset Protection and Trust Innovations: South Dakota’s Role in Paving the Way for Innovations Nationwide, organized by University of South Dakota School of Law. The largest transfer of wealth in US history will occur over the next thirty years, as the aging baby boomers prepare […]

Francis Chukwu, ‘Sovereign Debt Restructuring: A Contract Theory Perspective’

Abstract: The story of sovereign debt restructuring has been one mixed fortunes. While sovereign debt restructuring based on contractual approach has shown remarkable success, certain challenges (particularly holdout disruption) continue to beset it. Market players and other stakeholders in international finance have made some efforts to contain these challenges. However, they do not appear to […]

Juliet Chevalier-Watts, ‘Charity Law and Religion – A Dinosaur in the Modern World?’

Introduction: Many of the functions and principles of charity law recognised in contemporary times in jurisdictions including Australasia, the United Kingdom and Canada, are rooted in history. Records dating back to Roman times reflect complex forms of charitable activities, and Plutarch noted, in his will, that Julius Caesar left ‘the gardens beyond the river’ (Luxton […]

Helen Scott, ‘Defence, Denial or Cause of Action? “Enrichment Owed” and the Absence of a Legal Ground’

Abstract: Andrew Burrows takes the view that ‘enrichment owed’ is a denial rather than a defence, in other words, an ‘upfront’ matter relating to prima facie liability, specifically to the element of ‘unjust’: ‘the prima facie injustice established by the unjust factor is normally outweighed by the fact that the defendant is legally entitled to […]

‘Communal Property and Two Legal Cultures’

“Last week I took part in some events at the Intensive Doctoral Week at Sciences Po in Paris. This is a conference for PhD students in law from all over France, organized by Mikhail Xifaras of Sciences Po Law School, and it features panels devoted to a wide range of topics. One of two on […]

James Wilson, ‘Does Centralized Private Power Corrode the Rule of Law?’

Abstract: It is difficult to define the appropriate domains of private and public power, much less to maintain a balance that preserves republican virtues and institutions. This essay revisits the problem of regulatory capture by asking if centralized private power corrodes the rule of law. The first part of the essay attempts to crudely define […]

Adam Rigoni, ‘The Moral Impermissibility of Efficient Breach’

Abstract: Recently, some economic theorists have argued that efficient breach is in fact morally justified. This paper demonstrates that these arguments employ ‘chameleons’, to use a term from Paul Pfleiderer. Chameleons are theoretically interesting but patently unrealistic models which are used to draw real-world conclusions. The arguments fail once the unrealistic assumptions are removed, vindicating […]

Mark Pawlowski, ‘Is equity past the age of childbearing?’

Abstract: This article asks whether equity still has a creative role to play in the development of new doctrines and principles. It looks briefly at the contribution made by Lord Denning in this context and examines other judicial exponents of a more creative approach to the application of equitable principles. The article also considers current […]

Allan and Carroll, ‘Apologies in a Legal Setting: Insights from Research into Injured Parties’ Experiences of Apologies after an Adverse Event’

Abstract: There is scholarly support for the use of apologies in the settlement of legal disputes and anecdotal evidence of their effectiveness in mediation and other dispute resolution processes. There is also a growing body of empirical psychological research regarding the use and effectiveness of apologies available to inform and guide the practice of lawyers, […]