Monthly Archives: September, 2020

‘Itinéraires d’histoire de la procédure civile. 2. Regards étrangers’

“In 2014, the team of Loïc Cadiet, Serge Dauchy and Jean-Louis Halpérin published Itinéraires d’histoire de la procédure civile: 1. Regards français. This was the first product of a seminar that aimed to rectify a gap in the literature caused by the fact that much less attention had been paid to the history of criminal […]

Nevena Jevremovic, ‘CISG and Proactive Contracting: Suspending Performance under Art 71 CISG in Time of a Global Pandemic’

ABSTRACT The profound economic and social impact of the global COVID-19 pandemic put to the test the resilience of commercial relationships, pushing legal academia and practice to consider questions beyond the mere impact of certain institutes of civil or common law tradition: the role of the contract law in supporting the survival of affected trading […]

John Coyle, ‘Cruise Contracts, Public Policy, and Foreign Forum Selection Clauses’

ABSTRACT This Essay critiques the analytical framework used by the US Court of Appeals for the Eleventh Circuit to determine when to enforce foreign forum selection clauses in cruise ship passenger contracts. In Estate of Myhra v Royal Caribbean Cruises, Ltd, the Eleventh Circuit held that such clauses should be enforced even when the foreign […]

Mihailis Diamantis, ‘The Body Corporate’

ABSTRACT To break the law, one must have a body capable of acting. Since US law is committed to a centuries-old legal fiction according to which corporations can break the law, it must have some account of the ‘bodies’ through which corporations act. They may not be bodies we can kick. But within the fiction […]

Shaheen Banoo, ‘Evaluating Personal Data Protection Bill, 2019: An Appraisal of Inception of India’s Privacy Legislation’

ABSTRACT ‘Privacy is dead, and social media holds the smoking gun’ – Pete Cashmore. As soon as the Cambridge Analytica scandal came to light, the talks of data and privacy breach started doing the rounds. Personal data protection is the need of the hour in today’s technology-driven world to prevent any data misuse that could […]

John Machell, ‘Trustee decision-making: the substratum fallacy and the exercise of discretionary powers’

ABSTRACT The Court of Appeal for Bermuda (Clarke P, Smellie JA and Subair Williams JA) recently handed down judgment in Grand View Private Trust Company Limited v Wong 20 April 2020, overturning the decision by Kawaley AJ at first instance and rejecting his use of the so-called substratum principle to limit the scope of widely […]

‘Legal Theory Lexicon: Narrative and Normativity’

“Many law students learn about ‘narrative’ at some point in law school. Of course, narratives (or more simply ‘stories’) are all over the law. Individual cases include narratives in their recitation of the facts and procedural history. Sequences of cases can be studies as narratives, with events both internal and external to the law woven […]

‘Masters of the Code’

Katharina Pistor, The Code of Capital: How the Law Creates Wealth and Inequality (2019). I teach at a school most of whose graduates take jobs, at least for a few years, as associates in one of the 100 largest corporate law firms. Until their first stint as summer clerks, and even for some time thereafter, […]

Iain Field, ‘The Problem with Provocation in Trespass’

ABSTRACT Should a defendant to an action in trespass be entitled to a reduction in compensatory damages on the basis of provocation by the claimant? Judges and academic commentators are divided on the issue, although the weight of authority is that, in Australia, New Zealand and the UK, no such reduction is permissible. This article […]

Aino Asplund, ‘Lost in Accountability. “Comply or Explain”, “Apply or Explain” and “Apply and Explain” in a test: The Barriers to Company Benefit?’

ABSTRACT This article scrutinises the disclosure and flexibility measures, that is, ‘comply or explain’, ‘apply or explain’ and ‘apply and explain’, affecting the application of corporate governance codes in Finland, the United Kingdom and South Africa. The article maintains that all the referred measures focus on safeguarding accountability towards either shareholders or a wider set […]