Monthly Archives: July, 2019

Gary Bell, ‘The Civil Law, the Common Law, and the English Language – Challenges and Opportunities in Asia’

ABSTRACT This article addresses three questions. First, what is the effect on the civil law in Asia of young (and old) academics adopting English, the language of the common law, as a second language – rather than a civil law language, either a Continental European language (French, German etc), or another Asian civil law language […]

Felipe Jiménez, ‘The Case for Formalism in Contract Law Adjudication’

ABSTRACT Formalism has a bad name. It is often seen as a naïve and unsophisticated approach to the adjudication of legal disputes. This negative view of formalism is widespread in American legal culture, and has been particularly influential in contract law. This Article goes against this prevailing view, and argues for the counterintuitive proposition that […]

Call for Papers: Machine Lawyering: Digitally Reconceiving Contracting, Regulation and Property: Hong Kong, 16-18 January 2020

“The form, speed and nature of contracting, regulation and property are experiencing dramatic change through algorithmic processing of data. This confluence of technology and commerce has taken shape in Fintech, Regtech and more general forms of automation. The first phase of the academic and regulatory literature has sought to understand these technologies and bring their […]

‘Lauren van Haaften-Schick on the Artists’ Contract’

“In this episode, Lauren van Haaften-Schick, a curator and writer from New York City and PhD Candidate in the History of Art and Visual Studies at Cornell University discusses her article ‘Conceptualizing Artists’ Rights: Circulations of the Siegelaub-Projansky Agreement through Art and Law’, which was published in the Oxford Handbooks Online: Law, as well as […]

Jennifer Rothman, ‘The Right of Publicity’s Intellectual Property Turn’

ABSTRACT The Article is adapted from a keynote lecture about my book, The Right Of Publicity: Privacy Reimagined For A Public World (Harvard University Press 2018), delivered at Columbia Law School for its symposium, ‘Owning Personality: The Expanding Right of Publicity’. The book challenges the conventional historical and theoretical understanding of the right of publicity. […]

‘Fine Print Subservience’

Meirav Furth-Matzkin and Roseanna Sommers, Consumer Psychology and the Problem of Fine Print Fraud, 72 Stanford Law Review (forthcoming 2020), available at SSRN. Sellers entice consumers to make purchases by advertising many lovely benefits of their products. It is quite common, however, to then qualify and narrow these marketing promises in the fine print terms […]

‘Case Comment: Tillman v Egon Zehnder Ltd [2019] UKSC 32′

“Mark Greaves, a barrister at Matrix Chambers, comments on the decision in Tillman (Respondent) v Egon Zehnder Ltd (Appellant) [2019] UKSC 32 which was handed down on 3 July 2019. The judgment is the first employee competition case to be heard by the Supreme Court in 100 years and provides important clarification on the ‘validity […]

Joanna Manning, ‘Oh What an Unholy Mesh! Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585′

ABSTRACT In Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585, the Court of Appeal mistakenly applied the wrong test to the issue of the causal link between the surgeon’s failure to disclose material information and her physical injury. Even had that test been correct, its application to the facts was […]

Sanfilippo, Shvartzshnaider, Reyes, Nissenbaum and Egelman, ‘Disaster Privacy/Privacy Disaster’

ABSTRACT Privacy expectations during disasters differ significantly from non-emergency situations. Recent scandals, such as inappropriate disclosures from FEMA to contractors, illustrate that tradeoffs between emergencies and privacy must be made carefully. Increased use of social technologies to facilitate communication and support first responders provide more opportunities for privacy infringements, despite increased regulation of disaster information […]

Loren Lomasky, ‘The Impossibility of a Virtue Ethic’

ABSTRACT Virtue ethics is increasingly regarded as a viable alternative to consequentialist or deontological systems of normative ethics. This paper argues that there can be no such triumvirate of contending comprehensive ethical systems. That is not because virtue is unimportant but rather because genuine virtue is excellent and therefore rare. For most people in most […]