Monthly Archives: February, 2021

Chris Huff, ‘License and registration: how both property and contract legal frameworks fall short on interpreting domain name registration under the US Anticybersquatting Act’

ABSTRACT What are a re-registrant’s rights to an Internet domain name under the US Anti-Cybersquatting Consumer Protection Act? Circuit courts of appeals have split on the question of whether to view Internet domain name re-registrations as intangible property (Ninth Circuit) or under a contract framework (Third and Eleventh Circuits). But it turns out that both […]

Illumina v MGI: Mr Justice Birss on sufficiency, DNA sequencing and chocolate teapots’

“The High Court decision in Illumina v MGI ([2021] EWHC 57 (Pat)) is the first to take an in depth look at the thorny issue of sufficiency since last year’s Supreme Court decision in Regeneron v Kymab ([2020] UKSC 27). In the case in question, MGI’s obviousness and insufficiency attacks on Illumina’s DNA sequencing patents […]

‘Simmons on Delaware as a De Facto Federal Agency’

“Last week, I blogged about the dominance of Delaware organizational law and its implications for the laws of other states. Which is why I was so interested to when Omari Scott Simmons posted his new paper, ‘The Federal Option: Delaware as De Facto Agency’, which takes a (sort of) different view. He argues that Delaware […]

Bianca Gardella Tedeschi, ‘Contract Law in the Agri-Food Supply Chain’

ABSTRACT In Italy, contract law in the agri-food chain is regulated by law 27/2012 art 62. The law polices Business-to-Business (‘B2B’) contracts with the specific purpose of protecting producers. The 2012 law was enacted after an intense debate within the European Union (EU), following the 2008 crisis that saw a rise in agri-food prices. The […]

‘Trends in commons scholarship’

“More on (transatlantic) commons scholarship: The editors of the International Journal of the Commons (Frank van Laerhoven, Michael Schoon, Sergio Villamayor-Tomas) just published an interesting quantitative review of commons scholarship over the last five decades, ‘Celebrating the 30th Anniversary of Ostrom’s Governing the Commons: Traditions and Trends in the Study of the Commons, Revisited’ …” […]

Luke Zahari, ‘Retroactive COVID-19 “Immunity”: Useless for Patients, Devastating for Plaintiffs’

ABSTRACT This Note argues that the retroactivity provision of Iowa’s COVID-19 Response and Back-to-Business Limited Liability Act violates the due-process protections belonging to Iowans under both the US and Iowa Constitutions. Passed in response to the challenges faced by Iowa businesses in reopening following the advent of the novel coronavirus, the Act expressly extinguishes civil […]

Hiroyuki Watanabe, ‘Trust Law Theory in Japan – Controversy as to Fundamental Construction’

ABSTRACT Ever since the enactment of the former Trust Act, the characteristics and essential elements of the act of creating a trust have been discussed by academic society. In the background to this unsettled debate may be the peculiar nature (or heterogeneity) of trust law in terms of the Japanese legal framework. As is already […]

‘High Court grants, for the first time, website blocking orders targeting cyberlocker and streamripping sites/app and considers that CJEU won’t follow AG Opinion in YouTube/Cyando

“Earlier this week, the High Court of England and Wales issued two website blocking orders, which set new precedent and are the expression of a further development in the rich UK website blocking jurisprudence. The orders, which were issued by Miles J further to applications made by record labels that are members of BPI, are […]

‘If a Lone Pine Falls in the Sixth Circuit And No One Hears it, Does it Make a Sound?’

“Multidistrict litigation (MDL) has been described both as a ‘just and efficient’ method of consolidating lawsuits and a judicial hell-hole akin to ‘the third level of Dante’s inferno’. While its normative value likely falls somewhere in the middle, it is no secret that multidistrict litigation involves ‘unorthodox’ civil procedure. Judges attempting to wrangle the ‘Wild […]

Michael Coumas, ‘The true orthodoxy of trusts law’

ABSTRACT Trusts evolved over time in a process of cyclical development. Legal drafters have repeatedly devised new versions of existing forms to achieve their clients’ objectives. Legislatures and courts have then recognised, or rejected, the legal validity of these innovations. Their responses prompt further innovatory moves by drafters, and so the rules governing validity and […]