Monthly Archives: June, 2020

Samuel Beswick, ‘Retroactive Adjudication’

ABSTRACT This Article defends the retroactive nature of judicial law-making. Recent Supreme Court judgments have reignited debate on the retroactivity of novel precedent. When a court announces a new rule, should it apply only to future cases or also to disputes arising in the past? This Article shows that the doctrine of non-retroactive adjudication offers […]

Paterson and Bant, ‘Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law’

ABSTRACT The fertility of judicial techniques of statutory interpretation is uniquely evidenced in the development of the jurisprudence supporting the award of civil pecuniary penalties for specific contraventions of the Australian Consumer Law (ACL) and equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act). Paterson, Jeannie Marie and Bant, Elise […]

Andrew Tuch, ‘Managing Management Buyouts: A US-UK Comparative Analysis’

ABSTRACT This chapter comparatively assesses US and UK law governing management buyouts (MBOs), focusing on the duties of directors and officers in these systems. The analysis casts doubt on persistent but mistaken perceptions about US and UK corporate fiduciary duties for self-dealing. The UK no-conflict rule is seen as strict, the US fairness rule as […]

Patel and Lea, ‘EU-US Privacy Shield, Brexit and the Future of Transatlantic Data Flows’

ABSTRACT This report analyses the issues raised by EU-US commercial data flows, including the future status of the Privacy Shield framework and standard contractual clauses (SCCs). It begins by comparing the systems of data protection in the EU and the US, highlighting key philosophical, legal and practical differences. The next section assesses the history of […]

Starmans and Friedman, ‘Expert or Esoteric? Philosophers Attribute Knowledge Differently Than All Other Academics’

ABSTRACT Academics across widely ranging disciplines all pursue knowledge, but they do so using vastly different methods. Do these academics therefore also have different ideas about when someone possesses knowledge? Recent experimental findings suggest that intuitions about when individuals have knowledge may vary across groups; in particular, the concept of knowledge espoused by the discipline […]

Francovich claims are dead! Long live Francovich claims?’

“Paragraph 4 of Schedule 1 of the European Union (Withdrawal) Act 2018 (the ‘EUWA’) provides that there is generally ‘no right in domestic law on or after [the end of the transition period] to damages in accordance with the rule in Francovich’. As is well known, the rule in Francovich provides a cause of action […]

Jessica Robles, ‘Patel v Facebook, Inc: The Collection, Storage, and Use of Biometric Data as a Concrete Injury under BIPA’

ABSTRACT Facebook, Inc (‘Facebook’) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify […]

Mattis Jacobs, ‘How Implicit Assumptions on the Nature of Trust Shape the Understanding of the Blockchain Technology’

ABSTRACT The role that trust plays in blockchain-based systems is understood and portrayed in various manners. The blockchain technology is said to enable and establish trust as well as to redirect it, to substitute for it, and to make it obsolete. Furthermore, there is disagreement on whom or what users have to trust when using […]

‘Recognizing Wrongs’

John CP Goldberg and Benjamin C Zipursky, Recognizing Wrongs, Harvard University Press, 2020, 380pp, $45.00 (hbk), ISBN 9780674241701. Over the past twenty-plus years, through more than two dozen co-authored papers and others authored individually, John Goldberg and Benjamin Zipursky have established themselves as major figures in tort theory and private law theory more generally. They […]

‘Intellectual Property Justification for Artificial Intelligence’

“Rapid advances in artificial intelligence (AI) have tremendous implications for the economy as well as the society at large. Particularly machine learning as general-purpose technology has the potential to directly influence both the production and the characteristics of a wide range of products and services, with important implications for productivity, human labour and competition. This, […]