Monthly Archives: September, 2017

Joanne Blennerhassett, ‘Mass Environmental Harm – in Principle’

Abstract: Environmental harm is a diverse problem. It can arise in various forms, ranging from environmental disasters causing pollution, to environmental nuisances. Almost by definition environmental harm often affects many and may cause widespread damage, as a result of which it becomes mass environmental harm. Such harm is an inevitable by-product of modern living in […]

Mark Warby, ‘Media Litigation in the High Court’

Introduction The subject of my remarks today is the business of doing justice in media cases in the High Court of England and Wales. I want to suggest that achieving justice requires three things, at least: a substantive law that is fair; procedures that are just and efficient; and a system that is managed and […]

‘HLS Private Law Workshop: Shyamkrishna Balganesh, Copyright as Legal Process

“2017 marks the bicentennial of Harvard Law School. It is fitting, therefore, that the first Private Law Workshop of the semester focused on intellectual legal history and, in part, the influence of some of Harvard’s most prominent law professors. Shyamkrishna Balganesh presented his work-in-progress Copyright as Legal Process. In it, Balganesh argues that copyright underwent […]

Just Published: Nahel Asfour, Wrongful Enrichment – A Study in Comparative Law and Culture

This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law […]

Helberger, Borgesius and Reyna, ‘The perfect match? A closer look at the relationship between EU consumer law and data protection law’

Abstract: In modern markets, many companies offer so-called ‘free’ services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive […]

Neal Solomon, ‘The Myth of Patent Quality’

Abstract: The USpatent system has been under attack for about a decade. One of the main justifications for changing the patent system has centered on the issue of patent quality. According to patent critics, patents are bad or low quality, justifying major changes to the patent examination and review system. I argue that patent quality […]

Bell and Jocic, ‘Negligence Claims by Subsequent Building Owners: Did the Life of Bryan End Too Soon?’

Abstract: The 2014 High Court of Australia case Brookfield Multiplex Ltd v Owners Corporation Strata Plan No 61288 gave insights into the narrowed field within which a duty of care in negligence to prevent pure economic loss will be found. As recent cases and commentary have recognised, however, the Court’s approach is by no means […]

Krish Maharaj, ‘An Action on the Equities: Re-Characterizing Bhasin as Equitable Estoppel’

Abstract: In its 2014 decision of Bhasin v Hrynew, the Supreme Court of Canada recognized that a duty of honest performance exists between contracting parties. Academics, practitioners, and courts across the nation have since contemplated the meaning and role of such a duty. This article looks to Australia’s doctrine of ‘equitable estoppel’, the equivalent of Canada’s […]

Kenneth Hayne, ‘Government Contracts and Public Law’

Abstract: It is time to reconsider how public law affects government contracting. Concepts of ‘the Crown’ or ‘the prerogative’ do not assist. Instead, the issues are, and must be seen as, issues about structure of government. Federal considerations limit the Commonwealth’s power to contract. The Commonwealth executive has constitutional power to make contracts for administering […]

Ronen Perry, ‘Crowdfunding Civil Justice’

Abstract: Crowdfunding – the aggregation of numerous but modest individual contributions through specialized online platforms – is a relatively new finance method. In the last few years, it has started its incursion into the realm of civil litigation funding. Three unrelated events, which took place in different jurisdictions in 2017, demonstrate this evolving trend and […]