Monthly Archives: November, 2019

‘Clarity or Ambiguity in Reform? Probate litigation after the Wills Act of 1837’: Institute of Advanced Legal Studies, London, 13 December 2019

Date: 13 Dec 2019, 17:30-19:00. Venue: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR. Description: ‘Clarity or Ambiguity in Reform? Probate litigation after the Wills Act of 1837’. Speaker: Professor Lloyd Bonfield, New York Law School. Registration: This seminar is free but those wishing to attend are asked to book in advance […]

Yuxiao Duan, ‘China’s Private Law Approach to Personal Data Protection’

ABSTRACT In recent years, Chinese society is more aware of personal data protection. Although China has introduced and refined legal provisions to deal with issues such as data breach, illegal data collection, processing and disclosure, a number of problems still exist and arouse great controversy. Chinese laws and regulations are confronted with enormous pressure. In […]

Cyra Akila Choudhury, ‘The Common Law As a Terrain of Feminist Struggle’

ABSTRACT Many feminists have written off the common law because it is slow moving and tends to be conservative.It does not yield the kind of dramatic outcomes and reversals of precedent that federal or state constitutional cases do. Nevertheless, at the heart of it, the common law protects vital negative liberties which prevent the state […]

Easteal and Saunders, ‘Revisiting Vicarious Liability in Sexual Harassment Cases Heard Under the Sex Discrimination Act’

ABSTRACT This article considers recent trends in the judicial interpretation of workplace vicarious liability provisions with respect to sexual harassment matters under the Sex Discrimination Act 1984 (Cth) (SDA). In a study undertaken by the authors in 2008, we found that the Federal Court and Federal Magistrates Court appeared to be taking a ‘broad-brush’ approach […]

Mor and Pikkel, ‘Disability, Rights, and the Construction of Sexuality in Tort Claims’

ABSTRACT This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. […]

O’Byrne and Schipani, ‘Personal Liability of Directors and Officers in Tort: Searching for Coherence and Accountability’

ABSTRACT The 21st century has been marred by corporate scandal after scandal, including financial fraud, pyramid schemes, international bribery, and decades of sexual harassment. This raises an important question regarding the role of corporate and tort law in controlling the behavior of corporate executives more broadly. It is clear that directors and officers should not […]

Nicholas Nugent, ‘Masters of Their Own Domains: Property Rights As a Bulwark Against DNS Censorship’

ABSTRACT It is increasingly becoming the practice of DNS intermediaries to seize domain names used by lawful websites for violation of acceptable use policies related to offensive content or ‘hate speech’. Proponents of Internet freedom have argued that companies providing foundational Internet infrastructure should not attempt to police content, no matter how deplorable, and that […]

Matthew Seligman, ‘Personalized Choice of Private Law’

ABSTRACT Personalized choice of private law is a new framework for designing the legal rules that govern transactions and interactions between private parties. It addresses a pervasive theoretical and practical problem in private law: Under modern commercial conditions, many people do not actually consent to important terms of their contracts and other interactions with firms. […]

Hofri-Winogradow and Weiss, ‘Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform’

ABSTRACT This article shows that parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision-making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings-Bass to rescission in equity. We show this advantage to be normatively unjustified, and […]

Erik Encarnacion, ‘Boilerplate Indignity’

ABSTRACT Commentators have long tried to sound the alarm about boilerplate contracts, pointing out threats ranging from the loss of privacy rights to the erosion of public law and democratic self-governance. This Article argues that this list of concerns misses something important: that imposing certain boilerplate terms on individuals is incompatible with their dignity. After […]