Monthly Archives: October, 2019

‘Hallowe’en special: the Stambovsky v Ackley “Haunted House on the Hudson” is for sale!’

“Pictured left is 1 Laveta Place, Nyack, New York, NY 10960, a charming riverfront home at the end of a pretty tree-lined cul de sac in an historic village north of New York city. It has recently been put up for sale. Even accounting for the almost $2m price tag, this would be an unexceptionable […]

‘Electronic Wills Even Further Updated’

“The Uniform Law Commission in the United States has now published the revised text and commentaries to the Uniform Electronic Wills Act adopted at its annual meeting in July 2019 …” (more) [John Gregory, Slaw, 31 October]

Geoffrey Palmer, ‘A Retrospective on the Woodhouse Report: The Vision, the Performance and the Future’

ABSTRACT The following is a revised version of the second Woodhouse Memorial Lecture given at both the Victoria University of Wellington and the University of Auckland in September 2018. It traces the history and policy iterations of New Zealand’s accident compensation scheme that flowed from the 1967 Woodhouse Report (the Report), a Royal Commission report […]

Luke Haqq, ‘The Impact of Roe on Prenatal Tort Litigation: On the Public Policy of Unexpected Children’

ABSTRACT This article provides a history of especial importance to abortion politics today, based on research involving a dataset of over 1,200 wrongful conception, wrongful birth, wrongful life, and standard torts for prenatal injuries. In documenting the rise of these torts over the twentieth century, I specifically focus on how this domain of litigation dramatically […]

Caleb O’Fee, ‘Patel v Mirza and the Future of the Illegality Doctrine in New Zealand’

ABSTRACT In 1775, Lord Mansfield CJ held that no court will lend its aid to a man who founds his cause of action on an immoral or an illegal act. From this simple dictum sprang a common law doctrine so complicated that it would take the courts 241 years to pronounce a definitive view on […]

Anna Mclean, ‘Fusion: Can It Encompass the Trust? An Assessment in Light of the Trusts Bill 2017’

ABSTRACT This paper applies the fusion debate to the most recent reform of the law of trusts in New Zealand, the Trusts Bill. The fusion debate centres around whether a distinct role for equity is needed, or whether the common law and equity can integrate to form one unitary body of law. It aims to […]

Robin West, ‘Consent, Legitimation, and Dysphoria’

ABSTRACT Ideals of consent and consensuality are rapidly displacing ideals of legality as the demarcation of lawful from unlawful, legitimate from illegitimate, and good from bad. This is a particularly pronounced trend in the areas of sexual and reproductive rights and ethics. Consensual sex has almost completely displaced marital sex as the demarcation of not […]

Fitzpatrick, Compton and Foukona, ‘Property and the State or “The Folly of Torrens”: A Comparative Perspective’

ABSTRACT Australian lawyers often extol the virtues of the Torrens system as a means to secure property in land. Yet, the comparative evidence of benefits is mixed and context-dependent, particularly in terms of the nature, provenance and capacity of the state. This article analyses ways in which positivist land laws, including Torrens systems of title […]

Peter Swire, ‘When Does GDPR Act as a Blocking Statute: The Relevance of a Lawful Basis for Transfer’

ABSTRACT This paper addresses an important practical topic – when does the EU General Data Protection Regulation (GDPR) act as a ‘blocking statute’, to prohibit transfers of personal data in response to requests by non-EU law enforcement agencies? Since the GDPR went into effect in 2018, there has been considerable discussion of this issue, most […]

Fenwick and Vermeulen, ‘The End of the Corporation’

ABSTRACT We are witnessing a quiet but quick transformation of corporate governance. The rise of digital technologies and social media are forcing companies to reconsider how they organize themselves and structure firm governance. What is interesting is that the corporate governance discussions haven’t really changed that much. The focus is still on reducing managerial misbehavior […]