Monthly Archives: March, 2022

Aneil Kovvali, ‘Stark Choices for Corporate Reform’

ABSTRACT For decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing social problems, defenders of the […]

‘Taking freedom of information seriously: the “very short extracts” limitation in Article 15 CDSM Directive and how not to implement it’

“By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications. By extending the rights of reproduction and […]

Ho, Berger-Walliser and Chambers, ‘Toward Corporate Group Accountability’

ABSTRACT This chapter contributes to the Handbook of Corporate Liability, Martin Petrin and Christian Witting, eds (Edward Elgar: 2022). It discusses the challenges of imposing liability on corporate groups that are composed of separate legal entities under common control or coordination but which themselves generally lack an independent legal status. These challenges have proven difficult […]

‘The Classification of Platform Workers in Case Law: A Cross-European Comparative Analysis’

“In recent years, judicial and administrative authorities around the world, including in a number of European countries, gradually became confronted with questions on the classification of platform workers. Brought before the (labour, civil, business and social security) courts and taken up by labour inspectorates, tax and social security institutions, competition authorities and prosecutors, these questions […]

‘Strategic Lawsuits against Public Participation (SLAPPs) – some definitions and resources’

“The Government has issued a ‘Call for Evidence’ in relation to ‘Strategic Lawsuits Against Publication Participation’ (SLAPPs). This is not term used in any English legislation and has not, to date, been discussed in any judgment. The Call for Evidence does not offer a definition of a SLAPP …” (more) [Inforrm’s Blog, 31 March]

Kateryna Militsyna, ‘Legal Personhood for Artificial Intelligence: Pro, Contra, Abstain?’

ABSTRACT This article is about the legal personhood of artificial intelligence as one of the existing options of regulating AI and coping with the challenges arising out of its functioning. It begins with the search for the definition of AI and goes on to consider the arguments against the legal personhood of AI, the options […]

Nicholas Mouttotos, ‘The Extension of Disclosure Duties in EU Private International Law: A Comparative Perspective’

ABSTRACT Dispute resolution clauses enable the parties to the contract to dispose of the disputes that may arise in the way agreed in those clauses. Due to their increased importance they have been one of the most common terms challenged as to their enforceability. In consumer contracts, it is a common phenomenon that the consumer […]

Kent Schenkel, ‘Silent Trusts Are Trending: Will They Hold Trustees to Account?’

ABSTRACT A common intuition is that easy money creates a disincentive to efforts for personal success. Many trust settlors seem to embrace this view but still wish to provide generously for their families. Enter the so-called ‘silent trust’, which seeks to moderate the disincentive effect by way of trust provisions that limit or waive notice […]

Recently published: Civil Remedies and Human Rights in Flux (Aristova and Grusic eds)

What private law avenues are open to victims of human rights violations? This collection explores this question across sixteen jurisdictions in the Global South and Global North, examining mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault […]

Maytal Gilboa, ‘Linking Gains to Wrongs’

ABSTRACT This article provides a theoretical and doctrinal explanation of how the but-for test links gains to the wrong that produced them. Gain-based damages cases focus on the gain resulting from the defendant’s tortious behaviour. In these cases, the contrastive aspect of the but-for test, requiring the factfinder to consider the hypothetical result that would […]