Monthly Archives: March, 2020

Fisch and Solomon, ‘Should Corporations have a Purpose?’

ABSTRACT The hot topic in corporate governance is the debate over corporate purpose and, in particular, whether corporations should shift their purpose from the pursuit of shareholder wealth to pursuing a broader conception of stakeholder or societal value. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have […]

‘Will COVID-19 trigger a force majeure clause under my contract?’

“In the light of COVID-19, below is a road map to help you when assessing whether or not a force majeure clause has been triggered in an English law agreement. But first, an apology: you are probably overwhelmed with lists like this. I originally put it together on Friday 13 March (a lifetime ago) with […]

‘Coronavirus, force majeure certificate and private international law’

“Due to the outbreak, China has adopted a number of public health measures, including closing schools and workplaces, limiting public gatherings, restricting travel and movement of people, screening , quarantine and isolation. At least 48 cities were locked down by 14 Feb 2020. More than two thirds of China’s migrant workers were unable to return […]

Robert Scott, ‘The Paradox of Contracting in Markets’

ABSTRACT Contract design that motivates parties to invest and trade more efficiently occurs primarily in thin markets characterized by bespoke, bilateral agreements between commercial parties. In that environment, the cost of producing each contract is relatively high. Those costs are justified by offsetting design improvements in contractual incentives. In contrast, more efficient production of contract […]

‘Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

“In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in […]

‘Legal Theory Lexicon: It Takes A Theory To Beat A Theory’

“‘It takes a theory to beat a theory’ – this is surely one of the top ten all-time comments uttered by law professors to one another in those ritual interactions that are called ‘faculty workshops’ or ‘colloquia’. The first instance of the comment that I can find in the legal literature appears in an article […]

Melissa Clark, ‘Avoiding Grave Consequences: Electronic Wills as a Solution for Texas’

ABSTRACT There is a vast gap in Texas between testate and intestate individuals. Admitting electronic wills to probate may reduce that gap. This article analyzes the current electronic will statutes in effect and the newly created Uniform Electronic Will Act to propose a statute for Texas designed to further testator disposition of property, ensure compliance […]

Kevin Tobia, ‘Law and the Cognitive Science of Ordinary Concepts’

ABSTRACT This chapter introduces the ‘folk law thesis’, the claim that ordinary concepts are at the heart of central legal concepts. It presents recent empirical work suggesting that a number of subtle and surprising features of ordinary concepts are also shared by the corresponding legal concept – including features of intent, knowledge, consent, reasonableness, and […]

‘China says “No” to the malicious filing of Coronavirus-related trade marks’

“Article 10 of the Chinese Trade Mark Law (CTML), amended in 2019, lists several absolute grounds for refusal to trade mark registration. Among these, Article 10.1.8 prevents registration of signs which are ‘detrimental to socialist ethics or customs, or [have] other unwholesome influences’. Recently, this provision has been used to refuse registration of Coronavirus pandemic-related […]

John Lovett, ‘Yaëll Emerich, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions

Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, by Yaëll Emerich, Elgar, 2018, ISBN 978-1-78811-183-6, 352 pp, £22/$31. In her newly published book, Conceptualising Property Law: Integrating Common Law and Civil Law Traditions, Yaëll Emerich explores the evolution and current status of property law in the civil and common law. The predominant theme […]