Monthly Archives: April, 2022

Valle and Marullo, ‘Contract as an Instrument Achieving Sustainability and Corporate Social Responsibility Goals’

ABSTRACT As a positive influence of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines, in the last years many multinational companies have adopted practices and standards of protection of human rights and the environment. However, these practices have proven to be insufficient when looking at the harmful events involving human […]

Tomasz Krzywański, ‘The new Polish family foundation: legal framework and tax considerations’

ABSTRACT In 2021, the Polish authorities published a draft Act on Family Foundations. This new legal construct, created as a combination of solutions functioning in various European countries, is aimed at facilitating succession into Polish family businesses. In addition, due to preferential taxation, it may turn out to be an attractive alternative for families from […]

Kaplan and Liberman, ‘The Israeli private trust as an alternative to succession proceedings’

ABSTRACT How to use a trust as an alternative to a will to transfer assets to the next generation? This article will answer this question by first introducing the reader to inheritance and trust law in Israel. It will explore the endowment and how it should be used in order to regulate the transfer of […]

Douglas Richmond, ‘Liability Insurance and Contractual Aspects of Settlement’

ABSTRACT Most civil litigation settles. Certainly, most tort litigation settles. The settlements in many cases are paid by liability insurers. Indeed, standard liability insurance policies grant the insurance company the right to settle a lawsuit against an insured as the insurer deems expedient. Of course, settlements are achieved by agreement between the parties. Settlement agreements […]

Chunlin Leonhard, ‘Contracts as Tools to Promote Morality and Social Order: The Tang Dynasty’s Regulation of Contractual Relationships’

ABSTRACT This article examines the laws regulating contractual relationships during the Tang Dynasty (618-907 CE). Based on an examination of contemporaneous laws and statutes on contractual relationships, as well as archaeological evidence of extant contracts from the Tang Dynasty, this article concludes that dynastic China had developed a body of sophisticated contract laws by the […]

Mark Glover, ‘Conditional Purging of Wills’

ABSTRACT The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested witness, but the witness forfeits all, some, or none of her gift, depending on the particularities of state law. […]

Daniel Solove, ‘The Limitations of Privacy Rights’

ABSTRACT Individual privacy rights are often at the heart of information privacy and data protection laws. The most comprehensive set of rights, from the European Union’s General Data Protection Regulation (GDPR), includes the right to access, right to rectification (correction), right to erasure, right to restriction, right to data portability, right to object, and right […]

The Future of the Commercial Contract in Scholarship and Law Reform: Online event, 21 October 2022

Special themes in 2022 are: (1) Standards and values in international commercial litigation; (2) Business organisations as a nexus of contract from a digital perspective; (3) general theory of merchant law; (4) Issues in international commercial arbitration including investment treaty arbitration, mediation and reconciliation. Papers are invited until 15 August 2022 … (more)

Dev Saif Gangjee, ‘A Quotidian Revolution: Artificial Intelligence and Trade Mark Law’

ABSTRACT In a subtle yet impactful way, artificial intelligence (AI) algorithms have made considerable inroads into the everyday practice of trade mark law. The appeal of this technology lies in its ability to keep pace with the high-pressure hosepipe of trade mark applications and the ever-growing corpus of registered trade marks globally. More marks mean […]

‘“Daphne’s Law”: The European Commission introduces an anti-SLAPP initiative’

“When Daphne Caruana Galizia was assassinated in Malta on 16th October 2017, 48 defamation cases were pending against her in Maltese and other courts. Daphne was at the peak of her journalistic powers when she was killed, producing a seemingly endless exposé of criminality involving government and private sector actors. Naturally, those she was exposing […]