Monthly Archives: November, 2020

‘Income Sharing Arrangements and Coding Bootcamps: Boom or Bust for the Blue Collar Breadwinner?’

Jonathan F Harris, Unconscionability in Contracting for Worker Training, 72 Alabama Law Review (forthcoming, 2021), available at SSRN. During the 2020 coronavirus pandemic, many firms turned to remote and computer assisted arrangements to get work done remotely and safely. During the summer, however, jobless claims rose as the economy took a downturn. These economic pressures […]

Available now: Full recording of the University of Bonn/HCCH Pre-Conference Video Roundtable on The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries

“On 29 October 2o20, the University of Bonn and the HCCH co-hosted a video roundtable on the HCCH 2019 Judgments Convention. This video roundtable explored the prospects of the Convention from a particular perspective, and this was the perspective of the relations between the EU and third states: neighbouring states, trade partners in particular, but […]

‘Termination of Online Accounts’

“The literature that examines the questions surrounding the formation of consumer contracts is prodigious: Do consumers read standard form contracts? Are consumer form contracts even readable to begin with? Do firms incorporate unfair and inefficient contract terms by exploiting consumers’ optimism and other behavioral biases? Do firms deliberately inflate transaction costs so to manipulate consumer […]

‘Civil Justice Fest: A Month of Dialogues On the Most Pressing Civil Justice Issues’

“George Mason Scalia Law School’s Law & Economics Center (LEC), led by Donald Kochan, just hosted (virtually) ‘Civil Justice Fest’. A number of topics are likely of interest to readers of the blog, and I provide links below …” (more) [Christopher J Robinette, TortsProf Blog, 30 November]

‘What Practitioners Can Teach Academics about Tort Litigation’: symposium in Journal of Tort Law

Expert Testimony Needs Judges to Act as ‘Gatekeepers’: The Maryland Court of Appeals Teaches Why (Victor E Schwartz) Shifting the Burden of Proof on Causation: The One Who Creates Uncertainty Should Bear Its Burden (Sara M Peters) Defending Government Tort Litigation: Considerations for Scholars (Paul Figley) What Practitioners can Teach Academics About Tort Litigation – […]

‘Loss of entitlement’

“Continuing to research the weird and wonderful world of ‘adulterine bastardy’, including some interesting claims for very long pregnancies, and some questionable treatment of women, as witnesses and as possible ‘adulteresses’, I have been reminded of the recent run-out of this area of law, in relation to the holding of peerages …” (more) [Bracton’s Sister, […]

Corporations and Equity 2021: Journal of Equity conference, University of Western Australia, 18 February 2021

Herbert Smith Freehills, The University of Western Australia Law School and LexisNexis’ Journal of Equity warmly invite you to attend the Corporations and Equity 2021 Conference on 18 February 2021. Corporations spearhead modern commerce and can pose significant challenges to the law’s regulation. Contemporary corporations operate across borders through devolved combinations of natural and corporate […]

Wulf Kaal, ‘Blockchain Technology for Good’

ABSTRACT The evolution of blockchain technology as a foundational and transformational technology helps solve critical societal problems. Blockchain technology enables sustainability-focused blockchain initiatives to achieve their social and public welfare objectives. Using a dataset of sustainability-focused blockchain initiatives, blockchain startups, and established businesses, the article evaluates the core transformational features of blockchain technology and its […]

Martin MIscia, ‘Google v CNIL and Glawischnig-Piesczek v Facebook: What Remains Beyond the EU’s Reach’

ABSTRACT This essay offers a six-chapter analysis of two distinct CJEU judgements that were released in late September 2019, viz Google v CNIL (Case C-507/17) and Glawischnig-Piesczek v Facebook (Case C-18/18); while the two judgements were based on distinct legal instruments (respectively, the GDPR and the E-Commerce Directive) and offered remarkably different outcomes, the essay […]

Obligations X: Banff 2022

The tenth conference in the Obligations series will be held in Banff, Canada from July 11-15, 2022. The Obligations conference that was to have been held at Harvard Law School in July 2020 was cancelled due to the Covid-19 pandemic … (more) [, 30 November]