Monthly Archives: August, 2021

Larry Catá Backer, ‘Trust Platforms: The Digitalization of Corporate Governance and the Transformation of Trust in Polycentric Space’

ABSTRACT This contribution explores the growing interest in transnational corporate accountability, arising out of the need to build trust in corporations. Emerging cultures of accountability and compliance, among other things, has driven the digitalization of corporate governance and the emergence of a polycentric order of transnational regulations (eg, human rights due diligence instruments). While widely […]

William Clayton, ‘High-End Bargaining Problems’

ABSTRACT This Article presents a novel challenge to one of the central principles of the law and economics literature. Traditional law and economics theory places great confidence in the ability of contracting parties to bargain for optimal contracts, and the law reflects this confidence in many important ways. In this Article, I question the wisdom […]

Michael Duff, ‘What COVID-19 Laid Bare: Adventures in Workers’ Compensation Causation’

ABSTRACT This essay performs a close analysis of workers’ compensation coverage of COVID-19 and arrives at the conclusion that it should not be ‘impossible’ to prove in a legal sense that an employee’s COVID-19 was caused by work. Scientific proof is not the same as legal proof: workers’ compensation law has never required that claims […]

‘China Passes Its First Comprehensive Data Protection Law’

“China’s long-awaited Personal Information Protection Law (PIPL) was adopted on 20 August 2021 and will enter into force on 1 November 2021 (an unofficial English translation is available here). It is the culmination of a long process. Interest in a law to protect personal information began 2003, when the Information Technology Office of the State […]

Schneider and Comandé, ‘Differential Data Protection Regimes in Data-Driven Research: Why the GDPR Is More Research-Friendly Than You Think’

ABSTRACT Against the backdrop of an evolving landscape describing data driven research, the study discusses the role of data protection laws in shaping a free flow of research data. In particular, it enquires whether European data protection law hampers or rather encourages data-driven research, and how. The analysis critically challenges the shared belief that the […]

Poblet and Ross, ‘ODR in Europe’

ABSTRACT 18 years have passed since the first online dispute resolution initiatives were launched in Europe. Undoubtedly, the European contribution to the initial phase of ODR deployments has been significant: of the 46 ODR sites reported by Conley Tyler in 2003, 20 were based in European countries. As with any new technology, the boom of […]

Luke Meier, ‘Simplifying Choice of Law Interest Analysis’

ABSTRACT Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This trend continues in the proposed draft of the Restatement (Third) of Conflicts […]

Rossi and Panfil, ‘Climate Resilience and Private Law’s Duty to Adapt’

ABSTRACT This Article presents a historical, evidentiary, and normative case for a private tort against public utilities for failure to adjust operational and planning decisions to new conditions brought about by climate change. As an extension of the traditional utility duty to serve, the tort duty to adapt includes obligations of reasonable notice of service […]

Colla and Gulati, ‘The Price of Cheeky Contracting’

ABSTRACT An implication of the incompleteness of contracts is that there are going to be gaps and ambiguities that either side can exploit. We ask whether the expectation that a counterparty is likely to act aggressively in its use of contract language impacts the price that market participants attach to that contract. To do our […]

Ekhorutomwen Gabriel Ekhator, ‘A Study of Electronic Signature and Its Legal Validity in Nigeria’

ABSTRACT In a legal environment, signature is commonly the means of authenticating a document. Before now, what was the commonest form of signature was a handwritten signature of the signer indicating his ‘acceptance’ or ‘consent’ to a legally binding commitment such as contractual terms or payment. With the advent of computers, this form of signature […]