Monthly Archives: May, 2021

Keith Anderson, ‘To Whom Do Victims of Mass-Market Consumer Fraud Complain?’

ABSTRACT Utilizing data from surveys of mass-market consumer fraud sponsored by the Federal Trade Commission in 2005, 2011, and 2017, this paper explores whether victims of such mass-market consumer frauds complain to anyone beyond their families and friends about being victimized, and if they do complain, to whom they complain. It also explores whether victims […]

Michal Lavi, ‘Do Platforms Kill?’

ABSTRACT Terror kills, inciting words can kill, but what about online platforms? In recent years, social networks have turned into a new arena for incitement. Terror organizations operate active accounts on social networks. They incite, recruit, and plan terror attacks by using online platforms. These activities pose a serious threat to public safety and security. […]

‘Legal Theory Lexicon: Positive and Normative Legal Theory’

“One of the most fundamental distinctions in legal theory is that between ‘positive legal theory’ and ‘normative legal theory’. This post provides a very brief introduction to the distinction, aimed at law students (especially first years) with an interest in legal theory. The core idea of the distinction between positive and normative legal theory is […]

Rahul Mehta, ‘Piercing the Corporate Veil’

ABSTRACT The paper gives a brief introduction to section 9 of the Companies Act 2013, and examines the concept of a company being treated as a separate legal entity. The purpose of this paper, however, is to illustrate the fact that Courts should be restrained from abruptly applying the doctrine of lifting the corporate veil […]

Becker, Thorogood, Bovenberg, Mitchell and Hall, ‘Applying GDPR Roles and Responsibilities to Scientific Data Sharing’

ABSTRACT Where personal, usually pseudonymised, from health research or healthcare are made available for scientific purposes, especially across borders, it is unclear what GDPR roles apply. This is a persistent roadblock for accelerating data-driven scientific discovery or for establishing large research consortia. The assignment of GDPR roles is a matter of form and function (unless […]

Annie Mackley, ‘A challenge to the utility and distinctiveness of the good man theory of equity’

ABSTRACT This article provides a critical analysis of the ‘good man’ theory of equity which suggests that equity requires defendants to act as good men by performing primary obligations rather than providing compensation for breach. It examines the practical consequences of applying the theory in the contexts of disgorgement of bribes obtained in breach of […]

Iris H-Y Chiu, ‘More paternalism in the regulation of consumer financial investments? Private sector duties and public goods analysis’

ABSTRACT Paternalistic forms of regulation for the retail investment market have been gradual and restrained, even though significant gaps exist between investors’ needs and market-based provision. As ordinary citizens reckon with a variety of savings needs and become financial citizens responsible for their own financial welfare provision, financial health is not merely an issue of […]

Probert and Pywell, ‘Love in the time of Covid-19: a case-study of the complex laws governing weddings’

ABSTRACT During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been […]

Solène Rowan, ‘Abuse of Rights in English Contract Law: Hidden in Plain Sight?’

ABSTRACT The article argues that the fetters on the exercise of unilateral contractual discretionary powers that were defined in Braganza v BP Shipping Ltd and the limits on damages clauses as redefined in Cavendish Square Holding BV v Talal El Makdessi are imposed to prevent the abuse of contractual rights or freedoms and this is […]

Francesca Fiorentini, ‘Secured transactions and patterns of legal change: the contribution of comparative law’

ABSTRACT The article analyses the many actors and initiatives that, in the last decades, have pursued the goal of worldwide harmonization of secured transaction laws, scrutinizing the achievements and the limits of these experiments. In light of such results, the article also outlines the methodological contribution that comparative law can offer to legal change in […]