Monthly Archives: January, 2021

Valerie Gutmann Koch, ‘Crisis Standards of Care and State Liability Shields’

ABSTRACT The COVID-19 pandemic has overwhelmed many US systems – including the already-strained medical system – intended to protect and care for its citizens. In the United States, New York became the first epicenter of the pandemic, accounting for approximately five percent of global COVID-19 cases by March 2020. Hospitals, health care providers, and policymakers […]

‘What is a continuing nuisance?’

“Harrison Jalla and others v (1) Shell International Trading and Shipping Company (2) Shell Nigeria Exploration and Production Company Limited [2021] EWCA Civ 63. A traditional phrase in the common law, such as ‘continuing nuisance’, may mean a number of things in different contexts, as we will see clearly from this oil spill case. The […]

‘Legal Discontinuities’: special number of Theoretical Inquiries in Law

“In this issue of Theoretical Inquiries in Law, we address a topic that crosses many fields of the law: the continuity of legal categories. We examine the concept of legal continuity and discontinuity to provoke academic discourse about it in general and in the context of specific fields or doctrines throughout the law. The articles […]

Lloyd Brown, ‘Quasi-trustees, unauthorised purposes and ethical investment: What is the significance of the R (Palestine Solidarity Campaign Ltd and Another) v Secretary of State for Communities and Local Government [2020] UKSC 16 case for the trustees’ fiduciary duty of investment and “ethical” investment opportunities?’

ABSTRACT This case analysis concerns the decision of the UK Supreme Court in R (Palestine Solidarity Campaign Ltd and Another) v Secretary of State for Communities and Local Government, which determines whether guidance issued by the Secretary of State was ultra vires. The guidance confined the administration of a local government pension scheme in respect […]

Russell and Graham, ‘Protector questions’

… Trust protectors are a more recent concept but have at their heart a similar tension: who is the at the centre of power: the trustee or the protector. The answer is not clear as the powers and duties of trust protectors have not been worked out in legislation or by the courts in the […]

Mantelero, Vaciago, Esposito and Monte, ‘The common EU approach to personal data and cybersecurity regulation’

ABSTRACT Several sector-specific studies on EU data protection and cybersecurity frameworks can be found in the literature, but their differing legal domains has hindered the development of a common analysis of the different sets of provisions from a business perspective. This article sets out to bridge this gap, providing a systematic review and a cross-cutting […]

‘Shh! This is a Silent Trust – Let’s Keep it Quiet’

“Typically, it is encouraged to keep your family in the loop in terms of estate planning. However, if you are using a silent trust, it is best to keep quiet. ‘A silent trust limits the amount of information shared with beneficiaries or, in some cases, keeps the existence of the trust secret.’ The duties of […]

‘Rethinking Times v Sullivan – David Logan’

“‘Rethinking Times v Sullivan’ – David Logan; ‘Rescuing Our Democracy by Rethinking New York Times Co v Sullivan’ by David A Logan [Roger Williams/forthcoming Ohio State Law Journal]. New York Times v Sullivan (1964) is an iconic decision, foundational to modern First Amendment theory, and in a string of follow-on decisions the Court firmly grounded […]

‘Copyright case: Dr Seuss Enterprises LP v ComicMix LLC, USA

“An illustrated book titled Oh, the Places You’ll Boldly Go! did not make transformative use of Dr Seuss’s copyrighted pictures and stories, although Lanham Act claims were properly dismissed under the Rogers test. In a closely watched copyright and trademark dispute over a ‘mash-up’ book imitating and combining features of the works of author/illustrator Dr […]

‘A Case for Breaking the Money Trust’

Arthur E Wilmarth, Jr, Taming the Megabanks: Why We Need a New Glass-Steagall Act (2020). History is the key to understanding US banking law and regulation. History also repeats itself. Professor Art Wilmarth’s new book sheds new light on these oft-repeated propositions. It tells a multi-layered, richly textured story of how the rise of US […]