Monthly Archives: June, 2021

Robert Hillman, ‘Health Crises and the Limited Role of Contract Law’

ABSTRACT The COVID-19 pandemic of 2020-21 has focused our attention on contract law’s response when unanticipated circumstances make performance impractical or frustrated or performance would cause harm to the public. The pandemic has disrupted contracts between landlord and tenant, employer and employee, universities and students, to name a few, but has contract law provided a […]

Luke McDonagh, ‘Copyright and Authorship on Stage’

ABSTRACT This is the opening chapter of the book Performing Copyright: Law, Theatre and Authorship (Oxford: Hart, 2021).  Based on empirical research, the book explores issues of performativity and authorship in the theatre world from the perspective of copyright law. I examine several inter-connected questions: who is the author and first owner of a dramatic […]

Coggon and Kong, ‘From Best Interests to Better Interests? Values, Unwisdom and Objectivity in Mental Capacity Law’

ABSTRACT The Mental Capacity Act 2005 governs personal decision-making for adults. It incorporates five overarching principles, including that incapacity may not be inferred merely from a person’s unwise decisions and that where a person lacks capacity decisions must be made in her best interests. Through analysis of judicial treatment of unwisdom, best interests, subjectivity and […]

Eva Stanková, ‘Human Inventorship in European Patent Law’

ABSTRACT This article uses the advancements in artificial intelligence as the starting point for consideration of the role of human inventorship in European patent law. It argues that human inventorship is a necessary condition for the existence of an invention and inventive step, with the result that only products of human inventorship merit European patents. […]

Russell and Graham, ‘The limits of discretionary trusts: have powers of addition and removal been taken a step too far?’

“Professor Lionel Smith, writing in these pages, described ‘massively discretionary trusts’ as trusts where the trustees’ dispositive discretions are as wide as possible. The result is that these discretions do not merely qualify the beneficial interests, but effectively displaces them. There is little or nothing to guide the trustee in the exercise of these powers. […]

Brian Fitzpatrick, ‘Many Minds, Many MDL Judges’

ABSTRACT The federal MDL statute may concentrate more power in the hands of a single person than any other part of our judicial system. A single judge can end up resolving hundreds, thousands, or even hundreds of thousands of individually viable cases. This has benefits – most notably efficient case processing, uniformity of results, and […]

Julian Velasco, ‘Fiduciary Judgment Rules’

ABSTRACT Because of the strong moral rhetoric and robust equitable remedies available in fiduciary law, it is not surprising to find lawyers and legal scholars seeking to expand the reach of fiduciary law principles into new relationships and new areas of law. However, expansion often does not work very well because of the demanding and […]

‘Self-Defense’

“Killing and harming others are paradigmatic wrongs. And yet there is at least one intuitive exception to this prohibition – namely, killing or harming in self-defense, or in defense of others. Consider: ‘Murder: Attacker is culpably trying to kill Victim because he is jealous of Victim’s success. Victim can save his own life only by […]

Hayley Dunn, ‘What’s in Your Box? Removing the Tiffany Standard of Knowledge in Online Marketplaces’

ABSTRACT Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the […]

Stuart-Smith and others, ‘Filling the evidentiary gap in climate litigation’

ABSTRACT Lawsuits concerning the impacts of climate change make causal claims about the effect of defendants’ greenhouse gas (GHG) emissions on plaintiffs and have proliferated around the world. Plaintiffs have sought, inter alia, compensation for climate-related losses and to compel governments to reduce their GHG emissions. So far, most of these claims have been unsuccessful. […]