Monthly Archives: June, 2021

‘Buying Silence With a Bluff: How NDAs Exploit Litigants, With and Without Counsel’

“The ever-growing use of non-disclosure agreements (NDAs) prevents those who sign from being able to ‘disclose’ their experiences of reprehensible workplace discrimination. NDAs routinely silence the victims of sexual harassment, racism, bullying, and discrimination (among many other examples: for being pregnant, or requiring mental health leave, etc). Of questionable legality, NDAs are routinely demanded by […]

Ivar Hannikainen and others, ‘Are There Cross-Cultural Legal Principles? Modal Reasoning Uncovers Procedural Constraints on Law’

ABSTRACT Despite pervasive variation in the content of laws, legal theorists and anthropologists have often argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we contribute cross-cultural data to this debate: Are there cross-cultural principles of law? Participants in eleven different countries (N […]

‘Egyptian Law and Contractual Justice’

“My doctoral thesis compares three legal systems are concerned, the French, the English and the Egyptian one. The choice of English law, in particular, is justified by the fact, that in practice, in recent years, English law has begun to take place on the Egyptian legal scene, especially in matters of arbitration and commercial contracts. […]

‘Business and Human Rights Symposium: Third Party Human Rights Harms and the Duty of Care’

“The North Mara gold mine in Tanzania has been under scrutiny for many years now. Reports paint a picture of ongoing corruption, environmental harms, and human rights violations, including the excessive use of force by private security and police forces working with the mining company. In 2013 a group of twelve individuals filed a lawsuit […]

Bregant, Robbennolt and Winship, ‘Perceptions of Settlement’

ABSTRACT Most legal disputes end in settlement, but little is known about how people perceive settlement. Do people view settling defendants as responsible for the alleged conduct? Do they see settlement more neutrally, as a convenient resolution that avoids a costly trial? This article uses survey and experimental methods to begin answering these questions and […]

Lisa Pruitt, ‘Commentary on Boyles v Kerr (Texas 1993) for Feminist Judgments: Rewritten Torts Opinions’

ABSTRACT This paper comments on Professor Cristina Tilley’s rewritten feminist opinion in Boyles v Kerr (Texas 1993). The Texas Supreme Court in Boyles v Kerr rigidly refused to extend the state’s negligent infliction of emotional distress (NIED) precedents to permit recovery when the plaintiff was a young woman (Susan Kerr) whose emotional distress was the […]

Michal Lavi, ‘The Good, the Bad, and the Ugly Behavior’

ABSTRACT … Should the law provide a relief for online shaming? If so, when and how? This Article addresses these questions and aims to provide answers. It focuses on the shaming of ordinary people who are not public figures and are not corporations. It outlines the phenomenon, and addresses shaming’s virtues and flaws. Then it […]

‘CJEU rules on platform liability under copyright law, safe harbours, and injunctions’

“Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive? These are some of the questions that […]

Andrew Gold, ‘Book Review of: Stephen A Smith, Rights, Wrongs, and Injustices: The Structure of Remedial Law (Oxford University Press, 2019)’

ABSTRACT This paper is a draft review of Stephen Smith’s recent book – Rights, Wrongs, and Injustices: The Structure of Remedial Law (Oxford University Press, 2019). The book offers a groundbreaking and deeply insightful theory of the remedies in private law. On Smith’s account, remedies are judicial rulings, and they are issued because they provide […]

‘If a Will is Never Probated, does it Make a Sound?’

Katheleen Guzman, ‘Wills Speak’, 85 Brooklyn Law Review 647 (2020). Interim Dean (Dean) Katheleen Guzman explores the pre-death relevance of a will by determining whether or when a will speaks. She analyzes the legal consequences of a validly executed will before death and the potential property rights of devisees of the will. The focus and […]