Monthly Archives: July, 2019

‘The new kid on the block: the HCCH on the Judgments Convention’

“On 2 July 2019 the Hague Conference on Private International Law (HCCH) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). It aims to establish – for the future Contracting States – a regime of simplified recognition and enforcement of court decisions …” (more) [Jeroen van […]

‘The Rule of Law’

“The ideal of the rule of law can be traced back at least as far as Aristotle and is deeply embedded in the public political cultures of most modern democratic societies. For example, the Universal Declaration of Human Rights of 1948 declared that …” (more) [Lawrence Solum, Legal Theory Blog, 28 July]

Luigi Alberto Franzoni, ‘Legal Change in the Face of Risk-Averse Subjects: A Generalization of the Theory’

ABSTRACT This study investigates the optimal nature of lawmaking under uncertainty. I focus on a case in which a harmful activity will be subjected to some regulatory measures (a standard, exposure to liability, or a corrective tax). The benefits and costs of precaution are ex ante uncertain, and this places a risk burden on both […]

‘Oregon Authorizes Purpose Trusts’

“In The Continuing Rise of the Purpose Trust (Leimberg Newsletter), Alexander A Bove, Jr and Melissa Langa discuss the new Oregon purpose trust statute: ‘Little by little the purpose trust has been making its way into US law and estate planning. In the Leimberg Newsletter #2711, LISI contributor Alexander Bove reviewed the basics of purpose […]

João Quintais, ‘The New Copyright in the Digital Single Market Directive: A Critical Look’

ABSTRACT On 17 May 2019 the official version of the new Directive on copyright and related rights in the Digital Single Market was published. This marks the end of a controversial legislative process at EU level. It also marks the beginning of what will surely be a contentious process of national implementation. This article provides […]

Bravo-Hurtado and Álvaro, ‘Explaining Difference in the Quantity of Cases Heard by Courts of Last Resort’

ABSTRACT While civil law courts of last resort – eg, cassation courts in France, Italy, and Chile – review up to 90% of appealed cases, common law courts of last resort – eg, supreme courts of the United States, United Kingdom, and Canada – hear as few as 1% of the same petitions. In this […]

‘How Elite Lawyers Shape the Law’

Paul R Gugliuzza, The Supreme Court at the Bar of Patents, 95 Notre Dame Law Review (forthcoming, 2020), available at SSRN; Paul R Gugliuzza, Elite Patent Law, 104 Iowa Law Review (forthcoming, 2019), available at SSRN. Christopher Langdell’s ‘case’ method of teaching the law has dominated the law school classroom for over a century. In […]

Mala Chatterjee, ‘Lockean Copyright vs Lockean Property’

ABSTRACT John Locke’s labor theory of property remains the most persistent and well-known of property theories; but it has also been repeatedly and compellingly challenged by philosophers as implausible for hundreds of years. Nonetheless, in recent decades, a number of legal scholars have sought to connect Lockean theory to the question of what justifies intellectual […]

‘Sham Agreements or Documents: The Test Revisited’

“The High Court has handed down its judgment in Broxfield Limited v Sheffield City Council [2019] EWHC 1946 (Admin) and has made some important observations regarding the standard of proof for establishing a ‘sham’ …” (more) [Rowena Meager’s Property Law Blog, 25 July]

‘Book Review and Discount: The Sir Hugh Laddie Lectures’

“Readers may remember that back in May, AmeriKat told the story of the Annual Sir Hugh Laddie Lecture which brings the leading minds in IP law to address an always packed auditorium on the latest IP challenges, opportunities and analysis. The lecture series is organised by Professor Sir Robin Jacob who is the Sir Hugh […]