Monthly Archives: May, 2021

‘Properly understood, corporate law can’t do squat about sustainability’

“The European Commission review of company law mentioned in the previous post prompted European corporate law scholars Florian Möslein and Karsten Engsig Sørensen to argue that ‘Company law can be designed in ways to address the climate change problem, as sustainability and company law interact closely with one other’. Although they argue they are carving […]

Jabłonowska and Micklitz, ‘EU Consumer Law in 2020’

ABSTRACT The paper presents an overview of the main developments in EU consumer law in 2020. It discusses the challenges for consumer protection related to the outbreak of COVID-19 pandemic, legislative developments in the field of collective redress and digital markets as well as selected judgments of the Court of Justice, with a focus on […]

Sven Bostyn, ‘Why a COVID IP Waiver Is not a Good Strategy’

ABSTRACT The COVID-19 pandemic has a profound influence on all aspects of society. The development of successful vaccines in record speed is almost a miracle. But despite the successful development and approval of multiple vaccines, many people still die of this terrible disease, and there is an urgent need to see more vaccines manufactured and […]

Richard Marcus, ‘COVID-19 and American Civil Litigation’

ABSTRACT As it has in the rest of the world, Covid-19 has had a marked impact on civil litigation in America. In March 2020, the American Congress passed legislation to address many aspects of the Covid-19 crisis, including provisions about court operations, and the American rulemakers have been looking carefully at the civil litigation rules […]

June Carbone, ‘A Consumer Guide to Empirical Family Law’

ABSTRACT This Article will consider the framework for empirical work on family law, arguing that the failure to ask more sophisticated questions at the beginning of the research has limited its effectiveness. In this sense, Professor Peg Brinig’s work stands out for the creativity of the questions she has asked, her exploration of underutilized databases, […]

Shyamkrishna Balganesh, ‘The Institutionalist Turn in Supreme Court Copyright Jurisprudence’

ABSTRACT Beginning with its 2002 decision in Eldred v Ashcroft and thereafter continuing in the Roberts Court through its most recent decision in Google v Oracle, the US Supreme Court has embarked on an approach to copyright law best characterized as its ‘institutionalist turn’. The institutionalist turn refers to the reality that over the last […]

Russell Powell, ‘Spirit of the Corporation’

ABSTRACT Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed ‘City of Man’. Contemporary theologians and sociologists have described collective structures of […]

Alessandro Mantelero, ‘The future of data protection: Gold standard vs global standard’

ABSTRACT While GDPR has been described as the new gold standard for data protection, Convention 108 may represent the potential global standard in this field. The recent progressive expansion of the Council of Europe’s model and the modernised version of the Convention have revitalised its role in the global context. In a multipolar world of […]

Julian Flaux, ‘The future shape of business and property litigation after the pandemic’

INTRODUCTION … I am also responsible, in consultation with the President of the Queen’s Bench Division for the day to day running of the Business and Property Courts (‘B&PCs’), which include the Commercial Court and the Technology and Construction Court, both in London in the Rolls Building and in the seven regional centres. Today, I would […]

Susan Kiefel, ‘The Academy and the Courts: What Do They Mean to Each Other Today?’

ABSTRACT Academic writing on the law can be a valuable resource for judges. This piece considers the relationship between the academy and the courts, asking questions such as: to what extent does the judiciary look to the academy for the purposes of its decision-making? What constraints inhere in the judicial role that academics need to […]