Monthly Archives: January, 2019

Vincent Iacono, ‘By All Unlawful Means? An Inquiry into the Scope of the Unlawful Means Tort’

ABSTRACT The nature, rationale, and scope of the tort of unlawful interference with economic relations, or ‘unlawful means’ for short, was recently clarified by the Supreme Court of Canada in the AI Enterprises v Bram Enterprises ruling. Justice Cromwell, writing for a unanimous Court, held that the definition of ‘unlawful means’ required to establish liability […]

Ryan Belbin, ‘When Google Becomes the Norm: The Case for Privacy and the Right to be Forgotten’

ABSTRACT The ubiquity of the Internet is inescapable; from online banking and document transmission to social media and video communications, the digital world is becoming increasingly populated. Collective connectivity brings with it unique legal and regulatory challenges that did not exist in a pre-Internet era, particularly given the Internet’s inherent technical complexities and issues around […]

Zhong Xing Tan, ‘Disrupting doctrine? Revisiting the doctrinal impact of relational contract theory’

ABSTrACT While the concept of the ‘relational contract’ has been invoked in the courts with greater visibility and regularity in recent years, the doctrinal import of relational contract theory remains for the most part unclear to contract and commercial lawyers. This paper offers a broad framework for understanding the different ways through which relational theory […]

Reiss and Diamond, ‘Measles and Misrepresentation in Minnesota: Can there be Liability for Anti Vaccine Misinformation that Causes Bodily Harm?’

ABSTRACT Balancing protecting and compensating victims of harmful fake news and protecting freedom of speech and the information flow is both important and challenging. Vaccines are one area where misinformation can directly cause harm. When misrepresentation leads people to refuse vaccines, disease outbreaks can happen, causing harms, even deaths, and imposing costs on the community. […]

Badawi and de Fontenay, ‘Is There a First-Drafter Advantage in M&A?’

ABSTRACT Does the party that provides the first draft of a merger agreement get better terms as a result? There is considerable lore among transactional lawyers on this question, yet it has never been examined empirically. In this Article, we develop a novel dataset of drafting practices in large M&A transactions involving US public-company targets. […]

Francesco Paolo Patti, ‘The Denial of Restitution Under Italian Law: A Perspective on Patel v Mirza

ABSTRACT An important difference between the Italian system and the German and English systems concerns the scope of application: Article 2035 Italian Civil Code is limited to immoral contracts, ie contracts that are against good morals. Thus, if the parties acted unlawfully (but not immorally), the contract is void and ordinary restitutions apply. The rationale […]

Madeline Roe, ‘Who’s Driving That Car?: An Analysis of Regulatory and Potential Liability Frameworks for Driverless Cars’

ABSTRACT Driverless, or autonomous, cars are being tested on public roadways across the United States. For example, California implemented a new regulation in 2018 that allows manufacturers to test driverless cars without a person inside the vehicle, so long as the manufacturers adhere to numerous requirements. The emergence of these vehicles raises questions about accident […]

Eric Kades, ‘Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond)’

ABSTRACT For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions […]

Eric Claeys, ‘Property, Concepts, and Functions’

ABSTRACT This article makes two suggestions for ongoing debates about property concepts. First, these debates have focused too much on concepts for ownership; they have neglected concepts that cover property rights weaker than rights of ownership but still robust enough to constitute rights in relation to ownable resources. Second, these same debates have neglected the […]

AG Opinion on Orange Polska: Signing a contract with the courier present can be undue influence under UCPD

“On 30 January 2019, the AG opinion on case C-628/17 Orange Polska has been published. This is a case of great significance as it is the first one clarifying the meaning of aggressive practices and especially undue influence under the Unfair Commercial Practices Directive (UCPD). In the last year there has been a growing interest […]