Monthly Archives: August, 2021

Chantal Bomprezzi, ‘From Trust in the Contracting Party to Trust in the Code in Contract Performance’

ABSTRACT Smart contracts take advantage of the decentralised and immutable nature of blockchain technology. When block-chain-based smart contracts are used to automate the performance of contracts, it is affirmed that the obliged party cannot influence the execution of the contract. There is a shift from trust in the other party to trust in the code. […]

Louise Merrett, ‘International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement’

ABSTRACT The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice […]

Andrea Marco Steingruber, ‘Hersch and Elihu Lauterpacht and the relevance of private law sources for international law: from theory to practice against the background of international law’s evolution and the adoption of the UNIDROIT Principles’

ABSTRACT Private law sources in international law were a main object of study of Sir Hersch Lauterpacht, who is considered one of the greatest international lawyers of the last century. In his time, the International Institute for the Unification of Private Law’s Principles of International Commercial Contracts (PICC) did not exist. The first version of […]

Mateusz Grochowski, ‘Does European contract law need a new concept of vulnerability?’

INTRODUCTION During recent years, European contract law experienced one of the most momentous changes in its entire history. Since the 2017 Fitness Check, it has been substantially transforming into a new regulatory and political project, expanding far beyond its conventional agenda. As this process is still far from reaching a conclusion, it is – even […]

Jared Mayer, ‘Bankruptcy’s Equity Canon’

ABSTRACT Under longstanding Supreme Court precedent, the Bankruptcy Code constrains bankruptcy courts’ equitable powers. At the same time, bankruptcy courts have often used their equitable powers in ways that go beyond the Code’s text. This conflict between precedent and practice creates tensions between various bankruptcy goals. The Code provides ex ante certainty and contains substantive […]

Nicole Summers, ‘Civil Probation’

ABSTRACT The scholarly literature on the eviction legal system has repeatedly concluded that eviction courts are courts of mass settlement. Landlords’ attorneys pressure unrepresented tenants into signing settlement agreements in the court hallways in a factory-like process, and judges approve the agreements with a perfunctory rubber stamp. Yet while we know most eviction cases settle, […]

Joshua Sarnoff, ‘Design Patents are Theft, Not Just a “Fraud on the Public”, Who Need Legislation to Restore Their Repair Rights’

ABSTRACT This Comment, forthcoming in the Berkeley Technology Law Journal, commends the excellent and timely historical analysis of Menell and Corren addressing design patent law and the awful historical development of its current functionality doctrine (Peter S Menell and Ella Corren, ‘Design Patent Law’s Identity Crisis’, 35 Berkeley Technology Law Journal (2021)). But their cogent […]

Teneille Brown, ‘Minding Accidents’

ABSTRACT This article is about a fascinating, unexplored paradox in negligence doctrine. Respected treatises and textbooks tell us that proving breach does not require knowing anything about the defendant’s mental states. Deciding whether the defendant’s conduct was objectively unreasonable should be based solely on his external, observable conduct. This distinguishes civil negligence from the more […]

Mariana Orbay, ‘Songwriters v Spotify: Is Spotify the Problem or a Symptom of the Problem?’

ABSTRACT Today, streaming is the prevailing mode of music consumption. Yet, streaming services are struggling to turn a profit, as songwriters also face significant financial challenges in the streaming era. All the while, record labels are collecting the majority of streaming revenue and seeing record profits. The 2018 Music Modernization Act attempted to address songwriters’ […]

Robert Bird, ‘Contractual Deterrence and the Ethical Supply Chain’

ABSTRACT A harmful byproduct of the global economy is the proliferation of abuses in global supply chains. Too often lead firms and suppliers do not effectively collaborate. Lead firms require human rights and sustainability standards while also demanding extremely low cost goods and fast production deadlines. Suppliers faced with the impossible choice of financial survival […]