Monthly Archives: December, 2019

Trakman, Walters and Zeller, ‘Tort and Data Protection Law: Are There Any Lessons to Be Learnt?’

ABSTRACT The development and evolution of data protection law is not fully realised. One challenge that has emerged is the recognition of a tort for violating a person’s personal information contrary to data protection law. The issue is that courts have found it difficult to determine and assess the harm caused to the data subject. […]

Storms, Valcke and Kindt, ‘Rage against the machine: does machine-to-machine communication fall within the scope of the confidentiality principle?’

ABSTRACT In this paper we confront the technological notion of machine-to-machine communication (M2M) to the legal principle of confidentiality of communications (art. 5.1 ePrivacy Directive) in order to determine whether M2M is a protected communication. After demonstrating the answer is not straightforwardly found in the legal text we turn our attention to other aspects which […]

‘Anita Bernstein’s “The Common Law Inside the Female Body” Discussed in Online Symposium at Northwestern Law Review

“The Northwestern University Law Review Online has published a symposium issue devoted to Anita Bernstein’s book, The Common Law Inside the Female Body (Cambridge University Press 2019), including a response by Professor Bernstein …” (more) [TortsProf Blog, 23 December]

Low and Mik, ‘Pause the Blockchain Legal Revolution’

ABSTRACT When bitcoin was released by the mysterious Satoshi Nakamoto in 2008, few could have predicted that it would attract as much attention as it has today. It has spawned a veritable host of other cryptocurrencies, including ether on the upstart Ethereum network, which boasts smart contract functionality. The underlying blockchain technology has also attracted […]

Irini Katsirea, ‘Search Engines and Press Archives between Memory and Oblivion’

ABSTRACT Search engines’ comprehensive digital memory has led to a desire for greater informational self-determination. The seminal judgment in Google Spain gave impetus to the development of data protection law as the preferred legal remedy for claimants who seek to erase their digital past. This article argues that the ‘right to be forgotten’ is a […]

Christina Inglis, ‘Defining good faith (and Mona Lisa’s smile)’

INTRODUCTION Good faith has played a role in employment contracts for some time. In 2000 it received statutory recognition in the Employment Relations Act. Some commentators have suggested that an overly cautious approach has been taken to the application of good faith and that Parliament’s vision for the concept has yet to be fully realised. […]

Fred Smith, ‘The Constitution After Death’

ABSTRACT From mandating separate and unequal gravesites, to condoning mutilation after lynchings, to engaging in cover-ups after wrongful police shootings, governmental actors have often degraded dignity and perpetuated stigma in death. This Article offers, for the first time, an account of the constitutional law of the dead and takes aim at a legal rule that […]

‘Legal Theory Lexicon: The Internal Point of View’

“How can we look at a legal system? HLA Hart famously deployed the distinction between external and internal perspectives on a legal system in his famous book, The Concept of Law. This post provides a very brief introduction to this distinction for law students (especially first-year law students) with an interest in legal theory. What […]

Péter Cserne, ‘Economic Approaches to Legal Reasoning’

ABSTRACT Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and consequences of legal rules and principles that are acceptable in court […]

Kesan and Gruner, ‘Intellectual Property Compliance: Systematic Methods for Building and Using Intellectual Property’

ABSTRACT Systematic methods for building and using intellectual property (IP) support companies in creative projects. These methods ensure compliance with IP laws to both establish IP interests and enforce those interests. More than just systematic means to advance legal interests, well-crafted and carefully operated IP compliance programs serve as reliable sources of new creative assets […]