Monthly Archives: April, 2021

Philip Sales, ‘Implications of Brexit and Covid-19 for UK Law’

“It is a great pleasure for me to speak to you today, albeit through virtual means. I have been asked to speak about the implications of Brexit and COVID 19 for the UK’s law and its legal system. These are large subjects, with significant legal consequences that are still unfolding and will continue to do […]

‘Strict Liability is Dead, Long Live Strict Liability?’

“Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’). Regulation 5 of PUWER imposed strict liability in relation to defective equipment, arising from the extremely well-known decision in Stark v Post Office […]

‘Foreseeability and controllability of strikes – CJEU in Airhelp (C-28/20)’

“On 23 March 2021 the CJEU issued its judgment in the case Airhelp (C-28/20), interpreting provisions of Regulation 261/2004 on air passenger rights. Specifically, this judgment confirms that in most cases the airlines will not be able to invoke strikes (industrial actions) as an extraordinary circumstance that would release them from their obligation to pay […]

Christopher Robinette, ‘Harmonizing Wrongs and Compensation’

… The goal of this Article is to advocate for this synthesis as a general approach to tort theory. Incorporating compensation into tort law would match the motivations of many parties in the tort system and help improve its administration. I practiced tort law for seven years, usually representing plaintiffs. Some of my clients were […]

Castellano and Tosato, ‘Commercial Law Intersections’

ABSTRACT Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such dealings or activities falls concurrently within the purview of two or more of these commercial law branches – such as corporate law, […]

Thomas Cotter, ‘Damages for Noneconomic Harm in Intellectual Property Law’

ABSTRACT This Article provides a comprehensive analysis of awards of ‘noneconomic’ damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of publicity, and patent law. The Article discusses, among other matters, the Second Circuit’s recent decision in Castillo v G&M Realty LP, affirming a $6.75 […]

John Crawford, ‘Safe Money’

ABSTRACT This Article provides the first comprehensive survey and evaluation of proposed approaches to the central financial reform issue of our era: making all money held in account form ‘safe’, or non-defaultable, in the same way a dollar bill cannot default. Financial crises are at core a problem of defaultable money; preventing such crises requires […]

John Fourcade, ‘Ewing v Westport Insurance Company: Damages Recoverable or Damages Collectable?’

ABSTRACT Until Ewing v Westport Insurance Company, Louisiana’s Supreme Court had not determined whether damages in a legal malpractice suit should be limited to the collectable or recoverable amount from the underlying lawsuit. The Court ruled that collectibility of damages is not an affirmative defense in a legal malpractice action. In doing so, the ruling […]

Ronen Perry, ‘The Unidentified Wrongdoer’

ABSTRACT The Article addresses the untheorized and under-researched problem of strong unidentifiability in tort law, namely the victim’s occasional inability to identify the direct wrongdoer, or even an ascertainable group to which the wrongdoer belongs, and bring an action against him or her. This Article offers a systematic analysis and a general theoretical framework for […]

Troy Fuhriman, ‘Rethinking Force Majeure in the Era of COVID-19: The Ironic Case for More Oppressive Shutdowns’

ABSTRACT The COVID-19 pandemic has led to people all over the world struggling to fulfill their contractual obligations. Some companies in industries ranging from tourism to dentistry, as well as manufacturing supply chains, have been impacted by the virus. Even more than they have been impacted directly by the virus, individuals, governments and companies have […]