Monthly Archives: February, 2021

Dove and Chen, ‘What does it mean for a data subject to make their personal data “manifestly public”? An analysis of GDPR Article 9(2)(e)’

KEY POINTS This article investigates an under-discussed and potentially significant provision in the EU General Data Protection Regulation (GDPR), namely Article 9(2)(e), which permits processing of special category personal data if the ‘processing relates to personal data which are manifestly made public by the data subject’. This provision may be of increasing interest to data […]

‘CJEU on Section 5 Brussels I bis and Article 21’

“The Court of Justice delivered on 25 February 2021 its decision in case C‑804/19 (BU v Markt24 GmbH), which is about Section 5 Brussels I bis and Article 21: ‘1. The provisions set out in Section 5 of Chapter II of Regulation (EU) No 1215/2012 […], under the heading “Jurisdiction over individual contracts of employment”, […]

‘Martha Buskirk on Art and Copyright’

“In this episode, Martha Buskirk, Professor of Art History and Criticism at Montserrat College of Art, discusses her new book Is It Ours?: Art, Copyright, and Public Interest, which will be published by the University of California Press. Buskirk begins by reflecting on why art and copyright should care about each other. She describes particular […]

‘AG Bobek on Article 7(2) Brussels I bis’

“AG Bobek delivered on 23 February 2021 his opinion in case C‑800/19 (Mittelbayerischer Verlag KG v SM), which is about Article 7(2) Brussels I bis: ‘Article 7(2) of Regulation (EU) No 1215/2012 […] must be interpreted as meaning that the establishment of the jurisdiction based on the centre of interests does not require that the […]

‘Sugarman on Fitzpatrick, Twining, and Brooks’

“David Sugarman, Professor Emeritus at the Lancaster University Law School and an Honorary Fellow of the American Society for Legal History, has posted biographical essays of three legal scholars: ‘Becoming Peter Fitzpatrick (1941-2020)’; William Twining: ‘The Man Who Radicalized the Middle Ground’; and ‘Law, Law-Consciousness and Lawyers as Constitutive of Early Modern England: Christopher W […]

Amelia Thorpe, ‘Owning the Street: The Everyday Life of Property (MIT Press, 2021)’

ABSTRACT This paper is an excerpt from the pre-press version of the introduction to a book published by MIT Press, Owning the Street: The Everyday Life of Property (ISBN: 9780262539784). The book examines everyday experiences of and feelings about property and belonging in contemporary cities. It is grounded in an empirical study of PARK(ing) Day, […]

Megan Shaner, ‘Privately Ordered Fiduciaries’

ABSTRACT There exists a disconnect in corporate law between the outsized role officers play in managing the corporation and the scant attention these actors receive in statutes and case law. Out of the doctrinal void, a proposal by the ABA’s Officer Liability Task Force has emerged. Seizing on the private ordering movement in corporate law, […]

Arnow-Richman, Davidoff Solomon and Hicks, ‘Anticipating Harassment: Metoo and the Changing Norms of Executive Contracts’

ABSTRACT The MeToo movement exposed the pervasiveness of high-level, sex-based misconduct at major public companies. It also revealed a workplace culture seemingly permissive of such behavior. Companies responded slowly and imposed few consequences, often allowing culpable executives to depart with lucrative exit packages. Why did companies reward rather than penalize perpetrators? And what will it […]

He, Li, Li and Zhang, ‘Proprietary Information Cost of Contracting with the Government’

ABSTRACT We argue that contracting with the federal government involves significant proprietary information cost due to regulations requiring contractors to provide confidential information, which may then become available to outsiders via Freedom of Information Act (FOIA) requests. We provide evidence by showing that firms become more willing to bid for government contracts after a recent […]

Daniel Kelly, ‘Law and Economics’

ABSTRACT Law and economics has had a significant impact on foundational private law subjects – property, contracts, and torts – as well as advanced private law areas. This chapter analyzes how law and economics influences private law and how New Private Law (NPL) is influencing law and economics. After a brief introduction in Section I, […]