Monthly Archives: February, 2022

‘The long-awaited Data Act finally (officially) published’

“For several years, the European Union has been developing a new digital policy framework that aims to comprehensively regulate the data space in the EU. One of the EU’s policy objectives is to make the data generated by humans and machines, especially in the context of IoT devices, more accessible, thereby unlocking the enormous but […]

Jennifer Nadler, Review of Justice in Transactions by Peter Benson

“In the opening lines of Justice in Transactions, Peter Benson asks: ‘[c]an the doctrines of contract law be accounted for in their own terms and on a basis that is morally acceptable from the standpoint of justice?’ (ix). Benson’s answer is yes. He offers a theory of contract law’s own normativity, a normativity manifested in […]

NA Tiverios, ‘Accuracy, Utility and Gateways: Justifications(?) for Controlling the Use of Surrounding Circumstances in Contractual Interpretation’

ABSTRACT The status of the principle of contractual interpretation enunciated by Mason J in Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 is uncertain. That principle being that ambiguity is first required when interpreting a contract before recourse can be had to evidence of the particular ‘surrounding circumstances’ known […]

Angelica Guevara, ‘To Be, Or Not To Be, Will Long COVID Be Reasonably Accommodated Is the Question’

ABSTRACT To be, or not to be, that is the reasonable accommodation question: whether Long COVID will be reasonably accommodated now that it is covered under disability antidiscrimination law. Some manifestations of Long COVID will certainly be considered disabilities under the Americans with Disabilities Act (ADA). However, even if it is considered a disability, that […]

Emily Hudson, ‘Updated Copyright Guidance for Using Films, Audiovisual Works and Images in Online Teaching: Beyond the Covid Pandemic’

ABSTRACT In August 2020, I released guidance in relation to the copyright options for using feature films and other audiovisual content in online teaching. That guidance sought to address questions from UK higher education institutions (HEIs) in relation to the copyright implications of the sector-wide shift to remote learning necessitated by the Covid pandemic. HEIs […]

IVR World Congress (Bucharest, 3-8 July 2022) – Special Workshop on the Philosophy of Private Law – ‘Justice and Freedom in Private Law’

This workshop aims to discuss the main topics on the philosophy of private law, in connection with the general themes of the conference. The theme will allow participants to explore numerous questions related to private law in general, but also to particular areas of private law, such as property law, contract law, tort law and […]

‘Case Comment: Bloomberg LP v ZXC [2022] UKSC 5′

“On 16 February 2022, the Supreme Court handed down their unanimous decision in favour of ZXC. The Supreme Court held that, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information that relates to that investigation …” (more) [Jessica Eaton, UK Supreme Court Blog, […]

‘Corporate Purpose and the EU Corporate Sustainability Due Diligence Proposal’

“After decades of being dormant, corporate purpose has become a hot topic of discussion again in company law and corporate governance. In the European Union, the tension between the European societal approach to companies with its long history and the US-originated efficiency-based approach with its much shorter history (and weaker basis) is palpable in the […]

Adar and Perry, ‘Negligence Without Harm’

ABSTRACT The colloquial phrase ‘no harm, no foul’ captures one of the most fundamental tenets of negligence law: the tort is incomplete and there can be no legal redress without proof of actual harm. Mere exposure to risk, even when it is foreseeable and unreasonable, is not actionable. The Article dares to challenge this time-honored, […]

Chen and Legg, ‘An Economic Perspective on Costs in Australian Class Actions’

ABSTRACT The Australian class action procedure has generated much controversy about how best to ensure that its costs do not outweigh its benefits. The increasing prevalence of litigation funding has further complicated the cost-benefit analysis. This article develops an economic framework for understanding the principal sources of costs in Australian class actions. In particular, information […]