Monthly Archives: September, 2021

Charles Sullivan, ‘Poaching’

ABSTRACT The last few years have seen the beginnings of what could become a radical revision of the law’s approach to restraints on competition in the labor market. While most attention has been focused on ‘non-competes’ – agreements between employers and their employees imposing postemployment restraints – there has also been a revival of interest […]

Mukarrum Ahmed, ‘Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications’

ABSTRACT This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. […]

Ned Snow, ‘Copyright, Obscenity, and Unclean Hands’

ABSTRACT A mouse click away, virtual pornography promises immediate satisfaction of the prurient interest. Yet the allurement of ephemeral pleasure often presents a trap for the unwary. Some copyright owners use their pornographic works solely to extract tidy sums from the ignorant and base of society. Known as ‘copyright trolls’, these copyright owners have made […]

Parchomovsky and Stein, ‘Preliminary Damages’

ABSTRACT Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well off. In this Article, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the […]

Borchers, Freer and Arthur, ‘Ford Motor Company v Montana Eighth Judicial District Court: Lots of Questions, Some Answers’

ABSTRACT In Ford Motor Company v Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford – involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state residents in their home states – is the only case in […]

Richard Peltz-Steele, ‘Tortz: A Study of American Tort Law (Chapters 1 to 4)’

ABSTRACT This textbook represents a survey study of American tort law suitable to American 1L students and foreign law students. When complete, chapters will cover: (1) introduction, (2) intentional torts, (3) defenses to intentional torts, (4) negligence, (5) defenses to negligence, (6) subjective standards, (7) strict liability, (8) necessity, (9) damages, (10) res ipsa loquitur, […]

Jurcys, Donewald, Fenwick, Lampinen, Nekrošius and Smaliukas, ‘Ownership of User-Held Data: Why Property Law is the Right Approach’

ABSTRACT The main thesis of this article is that individuals should own their user-held data. Rapidly developing data processing technologies empowers individuals to collect their data from different sources and retain it in personal data clouds. Such user-held data represents the most accurate, up-to-date, and rich information about the individual. We show that user-held data […]

Edijs Brants, ‘Role of Foreseeability in Imposition of Civil Liability’

ABSTRACT The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foresee­ability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict […]

‘AIPPI Event Report: Lord Justice Birss looks to the future of civil justice’

“Last week, AIPPI UK hosted an event where Lord Justice Birss addressed the audience on ‘The Future of Civil Justice’. Spoiler alert: it is online, it is automated and it is already happening! Birss LJ shared a vision of a judicial process where cases are started, managed and, for the most part resolved online. A […]

Philip O’Sullivan, ‘Putting a Check on Police Violence: The Legal Services Market, Section 1983, Torture, Abusive Detention Practices, and the Chicago Police Department from 1954 to 1967’

ABSTRACT This article explores the conception, rise, and initial implementation of a legal strategy which sought to fashion civil liability into a tool for reforming the Chicago Police Department (CPD) from the mid-1950s to 1967. A group of lawyers, working in close concert with the Illinois Division (their preferred name of choice at the time) […]