Monthly Archives: November, 2018

‘Civil legal aid as a constitutional imperative: A response to Lord Sumption’

“Having prefaced his tenure as a Supreme Court Justice with a controversial lecture that (as Sir Stephen Sedley put it) he used ‘to reprove the judiciary which he was about to join for failing to keep out of the political arena’, the end of Lord Sumption’s judicial career is now marked by an address that […]

Klea Vyshka, ‘Changing balances of PIL theories in a Europeanized Private International Law’

Abstract This article offers a reading of the case law of the Court of Justice of the European Union (CJEU) from a private international law perspective (PIL). The developments that the CJEU thus gave start to in the field of company law, and especially in EU citizenship, invites for a reshaping of the balances between […]

‘Savagery, civilization, and property II: Civilization and its discontents’

“The second half of the eighteenth century saw the development, primarily in Scotland (though with significant French and other precedents), of what would come to be known as ‘stadial theory’ or ‘four-stages theory’. This group of theories built on an age-old interest in the origins of society and its institutions, sharpened by contact with New […]

‘A brief introduction to the concept of privacy under English law, Part I’

“Many doctrines under English law form due to common law, also known as judge-made or case law, where a series of legal cases create and form doctrines or principles which underpin legal rights. Privacy emerged as a notion in common law in the 18th century, developing through cases, until in the 20th century it became […]

Maria Tzanou, ‘The Unexpected Consequences of the EU Right to Be Forgotten: Internet Search Engines As Fundamental Rights Adjudicators’

Abstract The right to be forgotten as established in the CJEU’s decision in Google Spain is the first online data privacy right recognized in the EU legal order. This contribution explores two currently underdeveloped in the literature aspects of the right to be forgotten: its unexpected consequences on search engines and the difficulties of its […]

Noam Gur, ‘Ronald Dworkin and the Curious Case of the Floodgates Argument’

Abstract This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is […]

Eric Claeys, ‘Use And the Function of Property’

Abstract Many scholars assume that property concepts contribute very little to the way in which people think about rights in resources. Yet these assumed views do not accord with what we know about clocks, keys, fiat currency, and other artifacts. Artifacts are intention-dependent objects. The distinct ways in which different artifacts satisfy those intentions – […]

Cook and Krawiec, ‘If We Allow Football Players and Boxers to be Paid for Entertaining the Public, Why Don’t We Allow Kidney Donors To Be Paid For Saving Lives?’

Introduction … This article contrasts the compensation ban on organ donation with the legal treatment of football and other violent sports where both acute and chronic injuries to participants are common. Although there is some debate about how best to regulate these sports to reduce the risks, there appears to be no debate about whether […]

Brian Slocum, ‘Ordinary Meaning and Empiricism’

Abstract Statutory interpretation involves an interpreter determining the meaning of the text on the basis of various interpretive tools, all of which relate to the meaning of the words and their composition in light of the relevant context. Recently, with the increasing availability of scientific research tools such as corpus linguistics, advocates of such methods […]

‘Protecting the Intangible’

Chante Westmoreland, An Analysis of the Lack of Protection for Intangible Tribal Cultural Property in the Digital Age, 106 California Law Review 959 (2018). The notion of property enshrined in the American legal system is a poor fit for what scholars have termed cultural property – tangible and intangible items of great importance to tribal […]