Monthly Archives: October, 2021

Dilan Thampapillai, ‘For What Purpose? The Australian Government and the Use of Creative Commons Licences’

ABSTRACT The Australian Government has overwhelmingly adopted the use of Creative Commons licences to facilitate the dissemination of public sector information. However, very little is understood about the consequences in law and policy of using CC licences online on a mass scale. This article considers whether the Australian Government’s use of CC licences goes beyond […]

Van Acker and Claes, ‘Covid-19 and Consumer Law – The Belgian Response’

The global Covid-19 pandemic and its resulting emergency measures have had far-reaching implications for Belgian citizens. Even though Belgian consumer law is usually well able to deal with crises, it was not designed for crises as disruptive as this pandemic. Consequently, temporary adjustments were found to be necessary to protect consumer interests. The following contribution […]

Laura Seritti, ‘Online Shopping and Quality Problems: What Safeguards for Platform Users Under the EU Consumer Protection Regime?’

INTRODUCTION Digitalization constitutes one of the fundamental trends of this century. Compared for its disruptiveness to the Industrial Revolution and the advent of steam powered machines, the digitalization process has in fact touched the very essence of the value-creation mechanisms and consumption patterns of our economy and society. Online platforms have emerged as new key […]

Lee Bygrave, ‘Data Protection by Design and by Default’

ABSTRACT This paper has been written as an entry to the forthcoming Oxford Encyclopedia of European Union Law. As such, it gives a concise presentation of the role of ‘Data Protection by Design and by Default’ (DPbDD), particularly as provided for under Article 25 of the EU General Data Protection Regulation (GDPR). The paper canvasses […]

Ho-Po Crystal Wong, ‘Can’t Wait Any Longer? The Effects of Shorter Waiting Periods on Divorce and Remarriage’

ABSTRACT Since the 1990s, many US states have enacted or lengthened the waiting periods required for parties to divorce with the goal of strengthening marriage or at least discouraging divorce. I use the length of time by which some states have shortened their waiting periods to analyze how such waiting periods affect remarriage rates. I […]

John Rimmer, ‘Smith and Philpott v Athol Administration Limited and others, the Milewood Purpose Trust (2021), CHP2020/93′

ABSTRACT A body of case law has now developed in relation to the well-known jurisdiction of common law courts to intervene in voluntary dispositions where they are made on the basis of a serious mistake. But what about the situation where some consideration has been given for the disposition? Does the existence of significant, or […]

Peter Lee, ‘Patent Law’s Externality Asymmetry’

ABSTRACT Technologies such as social media, autonomous vehicles, and ‘big data’ analytics generate enormous benefits for society, but they also create substantial harms. Social media networks spread misinformation, autonomous vehicles threaten driving jobs, and predictive policing based on big data can lead to unreasonable searches and seizures. One of the most significant ways that technology […]

Sarah Seo, ‘User’s Guide to History’

ABSTRACT Historical knowledge is necessary to make informed policy choices, but history’s methods are unsuited for determining what, exactly, those policies should be. This chapter examines how historians have been contributing to the New Legal Realist project, identifies obstacles in translating historical conclusions into policy arguments, and explores specific ways that the past can inform […]

Smith and Beswick, ‘Unjust Enrichment: Principle or Cause of Action?’

ABSTRACT Despite a continuing stream of case law from all levels of Canada’s judiciary, there remain fundamental questions regarding the nature of unjust enrichment in Canada and the relationship between unjust enrichment and other private law causes of action. There is a view that unjust enrichment is a general principle that is expressed in a […]

Cass Sunstein, ‘Analogical Reasoning’

ABSTRACT In law, the process of analogical reasoning appears to work in five simple steps. (1) Some fact pattern A – the ‘source’ case – has certain characteristics; call them x, y, and z. (2) Fact pattern B – the ‘target’ case – has characteristics x, y, and q, or characteristics x, y, z, and […]