Monthly Archives: September, 2018

Paula Giliker, ‘Analysing Institutional Liability for Child Sexual Abuse in England and Wales and Australia: Vicarious Liability, Non-Delegable Duties and Statutory Intervention’

Abstract This paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by […]

Juanita Roche, ‘Historiography And The Law Of Property Act 1925: The Return Of Frankenstein’

Abstract This article considers how problems in legal historiography can lead to real legal problems, through a case-study of two recent judgments which appear to revolutionise the law on overreaching under section 2(1)(ii) of the Law of Property Act 1925. Their reasoning ignored plain wording in the Act, in a way foreshadowed by problems in […]

Laura Oren, ‘No-Fault Divorce Reform in the 1950s: The Lost History of the “Greatest Project” of the National Association of Women Lawyers’

“This Article is about the lost history of a campaign by the National Association of Women Lawyers (NAWL) to achieve uniform no-fault divorce law reform in the United States. In one form or another, NAWL has existed continuously since before 1911, when it began to publish the Women Lawyers Journal. From its Progressive era origins […]

‘Airbnb to unroll the transparency carpet for its users’

“Whilst the Court of Justice was keeping us busy this month, it is worth it to mention that Airbnb finally committed to adjusting its T&Cs in accordance with EU law (‘Airbnb commits to complying with European Commission and EU consumer authorities’ demands’). This follows the earlier action of the CPC Network and of the Commission […]

Nicholas McBride, ‘The Defence of Illegality: Not a Principle of Justice?’

Abstract This paper criticises the common trope that the defence of illegality is not based on a principle of justice. It sets out three different understandings of what justice is concerned with – a moral, allocative, and political understanding – and shows that whichever understanding of justice one adopts, the defence of illegality can be […]

Gregg Strauss, ‘What’s Wrong with Obergefell

Abstract Although Obergefell v Hodges was a historic victory for progressive constitutional law, the Supreme Court’s glorification of marriage created widespread anxiety among progressive family law scholars. Yet, the critics have still not explained why this marriage rhetoric arouses such moral indignation. Some critics predict Obergefell’s rhetoric will shape family and constitutional law in ways […]

Nicholas McBride, ‘The Future of Clean Hands’

Abstract This paper introduces the concept of a supererogatory remedy (a remedy which no one has a right to, and which it is not necessary to award) and seeks to argue that the equitable defence of clean hands has a distinctive role to play in determining whether such a remedy will be granted. As such, […]

Paul Verbruggen, ‘Tort Liability for Standards Development in the United States and the European Union’

Abstract Standards development is celebrated for providing a wide range of important benefits to individuals, firms, and society at large. Sometimes, however, it may harm the interests of specific individuals and firms. Tort law may offer remedies to those who suffered a loss because they relied on incomplete, outdated or otherwise inadequate standards, or used […]

‘Implications of Brexit for Innovation in Private Law’

Horst Eidenmueller, Collateral Damage: Brexit’s Negative Effects on Regulatory Competition and Legal Innovation in Private Law (May 7, 2018), available at SSRN. The dark side of Brexit is that it illustrates dramatically the contrast between a political context which operates largely on the basis of slogans and a business and economic context where details matter. […]

Richard Lewis, ‘Humanity in Tort: Does Personality Affect Personal Injury Litigation?’

Abstract This article examines whether the character of people involved in personal injury claims affects their outcome irrespective of the legal rules. For example, does the personality or background of the litigants or their lawyers influence whether an action succeeds and how much damages are then paid? A rise in the number of claims is […]