Monthly Archives: December, 2018

Susan Watson, ‘The Corporate Legal Person’

Abstract The argument set out in this article is that the modern company is a creature of the state, with corporate legal personality derived from the state through the process of incorporation. Once incorporation takes place a legal person is created. Status as a legal person is different to the type of sociological personality that […]

Alexander Lemann, ‘Assumption of Flood Risk’

Abstract … Drawing on tort doctrine, and particularly the defense of assumption of risk, I argue that there is instead a set of deeply moral instincts underlying our response to flood risk. The doctrine of assumption of risk assigns responsibility for the realization of risks not when our decisions to confront them are objectively rational, […]

Urquhart, Lodge and Crabtree, ‘Demonstrably doing accountability in the Internet of Things’

Abstract This article explores the importance of accountability to data protection (DP), and how it can be built into the Internet of Things (IoT). The need to build accountability into the IoT is motivated by the opaque nature of distributed data flows, inadequate consent mechanisms and lack of interfaces enabling end-user control over the behaviours […]

‘Savagery, civilization, and property IV: The aboriginal property rights debate’

“In the last post in this series we saw how modern commons theory tracked many of the features of stadial theory. In this post I begin trying to uncover the routes by which the early modern theory reached modern thinkers on property. The modern commons theorists discussed in the last post did not explicitly refer […]

Poorna Mysoor, ‘Proprietary Estoppel and Copyright Law’

Introduction … Courts have had an opportunity to analyse acquiescence within proprietary estoppel more in land law than other areas. Therefore, this article begins in Section 1 by putting proprietary estoppel in perspective, providing a brief outline of land law cases that have contributed to the development of acquiescence to the extent these may be useful in […]

Just Published: Nicholas McBride, The Humanity of Private Law Part I: Explanation

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law’s core concern is the flourishing of […]

William Simkulet, ‘Informed consent and nudging’

Abstract In order to avoid patient abuse, under normal situations before performing a medical intervention on a patient, a physician must obtain informed consent from that patient, where to give genuine informed consent a patient must be competent, understand her condition, her options and their expected risks and benefits, and must expressly consent to one […]

Shay Lavie, ‘Quotas’

Abstract The Article addresses simple yet surprisingly overlooked questions – could numerical caps on legal rights be a valuable regulatory mechanism? In which circumstances should we employ them? It is the first to discuss numerical caps – quotas – as a distinct regulatory instrument, and the lessons it provides are pertinent to numerous legal settings. The […]

Maria Canellopoulou-Bottis, ‘Utilitarianism v Deontology: A Philosophy for Copyright’

Abstract The Anglosaxon copyright system is founded upon theories of utilitarianism, whereas the European system, generally upon deontology. A series of particular traits aid us at the identification of which theory a copyright system supports. For example, the management of the moral rights of authors and creators shows this difference very eloquently. In Europe, starting […]

Máire Ní Shúilleabháin, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’

Abstract Contracting States of the European Convention on Human Rights (ECHR) are bound to secure the rights guaranteed by the Convention. Article 8 ECHR, which guarantees the right to respect for private and family life, has been interpreted as importing extensive obligations to recognize parent–child relationships created through overseas surrogacy arrangements. These ECHR obligations (first […]