Monthly Archives: November, 2021

Gerry Beyer, ‘Non-Fungible Tokens: What Every Estate Planner Needs to Know’

ABSTRACT Your client may own non-fungible tokens (NFTs) and ask you for estate planning advice. Would you be caught off-guard and give your client the classic ‘deer in the headlights’ look? Obviously, that would not be prudent. To make sure this doesn’t happen to you, this article uses a FAQ approach to provide you with […]

Dembroff and Kohler-Hausmann, ‘Supreme Confusion about Causality at the Supreme Court’

ABSTRACT Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of ‘but-for causation’ to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status – say, sex or race – just in case the outcome would not have occurred ‘but-for’ the plaintiff’s […]

Justin Monsenepwo, ‘Quo vadis, OHADA Private International Law?’

ABSTRACT Twenty-eight years after the creation of the Organization for the Harmonization of Business Law in Africa (OHADA), private international law remains a ‘Cinderella subject’ in western and central Africa. Indeed, there are no coherent sets of rules regarding the law applicable to contractual obligations, international jurisdiction, as well as the recognition and enforcement of […]

Aditya Suresh, ‘Interpreting merger clauses in contracts governed by the CISG: delineating the scope for the use of extrinsic evidence’

ABSTRACT Under Article 8(3) of the United Nations Convention on Contracts for the International Sale of Goods (CISG), parties’ statements, prior negotiations and other external circumstances may be used to assess the presence of subjective or objective intent that can, in turn, be used to interpret contractual terms in international sales contracts governed by the […]

Quinn Curtis, ‘Information and Deterrence in Shareholder Derivative Litigation’

ABSTRACT Shareholder derivative litigation is often critiqued as costly to firms Special litigation committees have been devised as a means to dismiss low-value lawsuits and reduce unwanted litigation. This article presents a formal model which operationalizes the most common critiques of shareholder derivative litigation including meritless suits, value-decreasing suits, and self-interested plaintiffs’ attorneys who do […]

Ifeanyi Okonkwo, ‘NFT, copyright and intellectual property commercialization’

ABSTRACT The invention of disruptive technologies broadens the horizon of opportunities for intellectual property owners. The very idea of selling copyright works in a digital space and using the same to form a digital currency is disruptive. This is one opportunity Non-Fungible Token (NFT) offers. But that disruptiveness raises certain questions and provoke the consciousness […]

Eric Descheemaeker, ‘Pecuniary and non-pecuniary loss: a reinterpretation’

“It is not uncommonly remarked that the word ‘loss’, despite representing one of the most central concepts of tort law (and private law more generally), is rarely defined with anything approaching a satisfactory level of precision. Instead of being defined, it is generally divided: thus loss – or the damages which compensate it – are […]

‘Smart contracts’

“… Existing legal principles can accommodate smart legal contracts. 1.26. In this paper, we undertake a detailed analysis of the application of existing contract law to smart legal contracts. Our findings conclude that the current legal framework is clearly able to facilitate and support the use of smart legal contracts. Current legal principles can apply […]

Lindsey Simon, ‘The Settlement Trap’

ABSTRACT Mass tort victims often wait years for resolution of their personal injury claims, but many who successfully navigate this arduous process will not receive a single dollar of their settlement award. According to applicable bankruptcy and state law, settlement payments may be an asset of the estate that the trustee, exercising its significant authority, […]

‘Why We Need a Canada Trade Secrets Act’

“To address the growing problem of trade secret theft hurting Canadian businesses and innovators, the federal government needs to consider a major legislative reform to its existing IP laws. It is time to start thinking about passing a federal Canada Trade Secrets Act. The idea of a legislative answer to the problem of trade secret […]