Monthly Archives: December, 2016

Poole and Shah, ‘A Very Successful Action? Historical Wrongs at Common Law’

Abstract: This paper examines the first major case on historical wrongs to come before the UK Supreme Court: Keyu v Foreign Secretary (2015). The case concerned an alleged massacre involving British soldiers during the Malayan Emergency in 1948 and the failure to investigate the incident by British authorities both at the time and later. As […]

Seminar: Professional Negligence in the 21st Century: University of Bristol, 17 January 2017

“As part of the special seminar series organised by the Journal of Professional Negligence, this seminar, sponsored by Bloomsbury and the University of Bristol, highlights issues, themes and trends in the law of professional negligence as it has been re-shaped for the 21st Century. Topics addressed will include the impact of the Supreme Court’s Montgomery […]

‘Intellectual Property, Private Law, and the Supreme Court – Conference Announcement’

“The Project on the Foundations of Private Law at Harvard Law School and the Intellectual Property Law Program at The George Washington University Law School invite you to attend Intellectual Property, Private Law, and the Supreme Court, a day-long conference in Washington, DC, on March 10 …” (more) [Patrick Goold, New Private Law, 19 December]

‘Patent Exhaustion and Private Law Goes to the Supreme Court’

“Sir Edward Coke’s Institutes of the Lawes of England, first published in 1628, rarely influences the direction of modern US patent law. But that might be about to change. This December, the Supreme Court of the United States granted certiorari in the case of Impression Products, Inc v. Lexmark International, Inc, Supreme Court Docket No […]

Marten and McLay, ‘Should New Zealand Shirk Its Obligations? A Critical Perspective On Private Law Scholarship’

Abstract: This article concerns the role of the private law scholar in New Zealand, and how such scholars use their skills to improve the law. It argues that while an obligations scholar’s preference may be to engage with the courts and other academics in their scholarly activities, a focus on statutory reform better suits New […]

Charles Rickett, ‘Instrumentalism in the Law of Trusts – The Disturbing Case of the Constructive Trust upon an Express Trust’

Abstract: New Zealand courts have begun to use the device of imposing a constructive trust over assets already held on trust under an express trust. This device raises a number of important issues about whether a doctrinally damaging analysis should be used to achieve what are clearly instrumental designs usually termed justice or fairness. This […]

Ronit Levine-Schnur, ‘Private Property and Public Power in the Occupied West Bank’

Abstract: Does an Occupying Power have a duty to protect private property rights of protected persons against acts of its own citizens? What is the extent of such a duty? This paper argues that under belligerent occupation, land disputes between individuals of both sides of the conflict are not a private matter even if the […]

‘Private International Law: Embracing Diversity (Save the date!)’

“It is my pleasure to announce this conference, to be held on February 24th 2017 at the University of Edinburgh, to celebrate Private International Law as ethics of engaging the other. Exploring a variety of private international law themes, this one-day conference will bring together world-renowned academics and experienced private international lawyers from a wide […]

‘How Great is the “Great Repeal Bill”?’

“As the Brexit process continues to be mired in legal challenges (which are explored in more detail in our full article, Brexit and UK law in 2017), one of the few concrete announcements made by the government on Brexit is the proposed introduction of the ‘Great Repeal Bill’. This is intended to repeal the European […]

Restitution for Dishonest Fiduciaries – UniSA Student Law Review

3 pieces from UniSA Student Law Review vol 2 (2016) What Shall We Do With The Dishonest Fiduciary? The Unpredictability Of Allowances For Work And Skill by Bronwyn Arnold Fiduciaries who breach their obligations by making a profit may apply to the courts for an allowance for the work and skill that generated the profit, […]