Monthly Archives: July, 2020

Rosemary Langford, ‘Purpose-based governance: a new paradigm’

ABSTRACT The permissibility of corporations pursuing purposes other than profit has been the subject of debate for a number of years. This debate has intensified recently with proposals to allow or mandate the adoption of purposes by corporations. At the same time, purpose is central to governance in the charitable sphere. This article proposes a […]

K-Sue Park, ‘Conquest and Slavery as Foundational to the Property Law Course’

ABSTRACT This chapter addresses the foundational place of the histories of conquest and slavery to American property law and the property law course. It begins by briefly reviewing how these topics have been erased and marginalized from the study of American property law, as mentioned by casebooks in the field published from the late nineteenth […]

‘David Simon: Trademark Law and Consumer Safety

“I was happy to read David Simon’s new article, ‘Trademark Law and Consumer Safety’, forthcoming in the Florida Law Review. Simon argues trademark law should pay more attention to the physical harms that products pose for consumers, rather than just economic harms. The conventional view is that trademark law exists to prevent consumer confusion and […]

‘Australia’s “outdated” defamation laws are changing: but there’s no “revolution” yet’

“Australia’s defamation laws, so long criticised to so little avail, are finally changing. New South Wales Attorney-General Mark Speakman trumpeted this week: ‘Nation agrees to NSW-led defamation revolution’. His announcement followed July’s meeting of the Council of Attorneys-General, where all Australian jurisdictions approved amendments to the Model Defamation Provisions …” (more) [Michael Douglas, Inforrm’s Blog, […]

Sirena and Patti, ‘Smart Contracts and Automation of Private Relationships’

ABSTRACT The aim of the present essay is to investigate whether and how blockchain technology platforms and smart contracts could be considered a modern form of private authority, which at least partially escapes the application of mandatory rules and traditional enforcement mechanisms. Blockchain technology presents itself as democratic in nature, as it is based on […]

Dillbary, Metcalf and Stoddard, ‘Incentivized Torts: An Empirical Analysis’

ABSTRACT Courts and scholars assume that group causation theories (eg, concerted action) deter wrongdoers. This article empirically tests, and rejects, this assumption, using a series of incentivized laboratory experiments. Contrary to common belief, data from over 200 subjects shows that group liability can encourage tortious behavior and incentivize individuals to act with as many tortfeasors […]

Martha Chamallas, ‘Race and Tort Law’

ABSTRACT Although Richard Delgado published the first critique of tort law from a critical race perspective in 1982, the role of race remains undertheorized in torts scholarship and torts theory, taking a back seat to the dominant approaches that rarely mention race or other social identities. This leave the misimpression that tort law is race-neutral […]

Sevilleja v Marex: Reflective Loss Restated’

“The Supreme Court’s decision in Sevilleja v Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that: A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; […]

Gabison and Buiten, ‘Platform Liability in Copyright Enforcement’

ABSTRACT Every year, millions of dollars are invested and spent on works covered by copyright. However, in the platform economy, where most content is currently stored and viewed, copyright holders face infringements of their rights at an ever-increasing scale. While Section 230 of the Communications Decency Act serves a useful speech-protecting function, unless the United […]

Verstraete and Zarsky, ‘Optimizing Breach Notification’

ABSTRACT Maintaining data security is a crucial social objective in the digital age. An emerging strategy to ensure adequate security is through breach notification laws, which require firms to provide notice upon discovering a security breach. These laws are pervasive. All fifty states, several federal laws, the EU’s GDPR and the OECD have incorporated notification […]