Monthly Archives: May, 2020

‘Covid, Contracts and Universities’

“As reported here, a South Carolina law firm has brought class action lawsuits against three universities and is threatening more to come. The suits allege the the universities committed breach of contract and were unjustly enriched when they retained tuition payments and fees that will not be expended in ways that benefit students …” (more) […]

‘Book review: The Making Available Right

“This Kat is delighted to review The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age by Cheryl Foong (Lecturer, Curtin Law School, Australia). This book suggests that copyright has an underserved function – dissemination. And that this dissemination function can be served through a principled interpretation of the making […]

David Hudson, ‘Anti-Slapp Coverage and the First Amendment: Hurdles to Defamation Suits in Political Campaigns’

ABSTRACT Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history, familial conduct, or other matters. Whatever the subject, emotions undoubtedly run high during hotly contested campaigns. However, First Amendment protection is at its zenith when speakers engage in political speech, and […]

‘Section 230 and Twitter’

“Section 230 of the ironically-named 1996 ‘Communications Decency Act’ provides that: ‘No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider’ (47 USC § 230). What this means is that, whereas the New York Times is liable in tort […]

Jack Watson, ‘Indemnities and modern corporate structures’

ABSTRACT This article considers the issue of trustee indemnity clauses and their interaction with the corporate structures which underlie many modern trusts. It considers the problems which can arise in relation to such clauses and the recent decision of First National Trustco (UK) Ltd v McQuitty [2020] EWCA Civ 107 in which the Court of […]

Karen Walsh, Review: Christophe, Craig and Xavier (eds), Intellectual Property and the Judiciary (2018)

“The edited collection Intellectual Property Law and the Judiciary provides a detailed analysis of the role of the judiciary in applying and making intellectual property (IP) law in a variety of jurisdictions. Judges are often the first to decide on new laws and discuss the regulation of new technologies and as the introduction reminds us, […]

‘New Scholarship: Nancy Kim on the Proposed Restatement of Consumer Contracts Law’

“Nancy Kim, our Nancy Kim, has posted ‘Ideology, Coercion, and the Proposed Restatement of the Law of Consumer Contracts’ on SSRN. Her essay focuses on Sections 2 and 3 of the proposed Restatement (RLCC), which adopt the standard of notice and manifestation of assent and permit modifications under that standard. According to Nancy, these provisions […]

‘Does copyright law have to balance fundamental rights beyond the written exceptions? Unfortunately, the German Federal Supreme Court has recently left this question open.’

“Recently, the German Federal Supreme Court issued press releases in two cases which are of fundamental importance for the relationship between copyright and conflicting fundamental rights. Specifically, the two cases, Funke Medien (also known as ‘Afghanistan Papiere‘) and Spiegel Online (also known as ‘Reformistischer Aufbruch‘), concern the conflict between copyright and the fundamental rights of […]

Slaev and Daskalova, ‘Complex property rights and Coasean bargaining in natural resource management’

ABSTRACT This paper contributes to the debate on whether private or common property rights are better for advancing the sustainable management of natural resources. This contest between public and private ownership is often exaggerated, we claim, because in the real world, complex entitlements with varying degrees of privateness/publicness prevail. Property rights belonging to families, companies, […]

‘A New Kind of Public/Private Partnership’

Rory Van Loo, The New Gatekeepers: Private Firms As Public Enforcers, 106 Virginia Law Review 467 (2020). The cooperation of public and private actors to achieve public goals is not new. More than 80 years ago, Louis Jaffe lauded the longstanding and substantial involvement of private groups in the regulatory sphere. The scope, range, and […]