Monthly Archives: April, 2022

Jolly, Hans and Peck, ‘Democratic Renewal and the Civil Jury’

ABSTRACT The United States is in a period of democratic decline. Waning commitment to principles of self-governance throughout the polity necessitates urgent action to revitalize the Republic. The civil jury offers an often-overlooked avenue for such democratic renewal. Welcoming laypeople into the courthouse and deputizing them as constitutional actors demonstrates a profound faith in representative […]

Christiane Wendehorst, ‘Liability for Pure Data Loss’

ABSTRACT The economy of the 21st century is increasingly data-driven. Data is the basis of virtually all technologies, and thus the basis of digitisation as such. Up to now, data have not so much been at the focus of tort law. However, the general principles of liability and compensation, which Helmut Koziol has developed in […]

Rashmi Dyal-Chand, ‘Sharing the Climate’

ABSTRACT Property law responds poorly to the lived reality of the climate crisis. In particular, it fails to address the uncontrollable negative externalities endemic to this crisis. Today, we need and share resources from which it would be ineffective and harmful to exclude our neighbors. Yet exclusion remains the cornerstone of much of American property […]

Elizabeth Knuppel, ‘“A Mortgage on a Man’s Brain”: The Unconscionability of Overly Broad Intellectual Property Assignment Clauses in Employment Contracts’

ABSTRACT Employees in a wide range of fields, including engineering, science, and design, are required to sign intellectual property (IP) assignment agreements at the start of employment. These agreements assign IP generated by the employee to the employer. IP assignment agreements are often all-encompassing. The agreement may categorically claim all IP that the employee generates […]

Michael Solimine, ‘Recognition and Enforcement of Foreign Judgments in American Courts and the Limits of the Law Market Model’

ABSTRACT The law market model posits that the most appropriate resolution of choice of law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ […]

Buchner and Freye, ‘Informed Consent in German Medical Law: Finding the right path between patient autonomy and information overload’

ABSTRACT Informed consent in German medical law has a long and controversial tradition. For more than 100 years, medical treatment – even where medically indicated and performed under medical standards – constitutes an act of personal injury and therefore requires the patient’s consent. The basis for this sustained understanding was the personal injury doctrine developed […]

Langford and Webster, ‘Misuse of Power in the Australian Charities Sector’

ABSTRACT Charities are an essential part of Australian civil society and make fundamental contributions to social cohesion and well-being, as well as to the Australian economy. Public trust and confidence in the sector has, however, been damaged by high profile governance failures, despite the advent of a new national regime overseen by the Australian Charities […]

Christopher Serkin, ‘What Property Does’

ABSTRACT For centuries, scholars have wrestled with seemingly intractable problems about the nature of property. This Article offers a different approach. Instead of asking what property is, it asks what property does. And it argues that property protects people’s reliance on resources by moderating the pace of change. Modern scholarly accounts emphasize voluntary transactions as […]

Edward Morse, ‘Digital Assets in Decedents’ Estates: Overview and Analysis’

ABSTRACT Digital assets encompass a broad range of electronic files, images, accounts, and information. Some have limited monetary value, but they may require preservation because of sentimental value to family members or loved ones. Conversely, these assets might also require protection from disclosure due to privacy or other concerns. Other digital assets, including comparatively novel […]

‘Speech by the Master of the Rolls to the British and Irish Commercial Bar Association’

“The Master of the Rolls, Sir Geoffrey Vos, spoke in Manchester to the British and Irish Commercial Bar Association about the need for judges and lawyers to work together to change the current civil dispute resolution process and to give meaning to the overriding objective …” (more) [judiciary.uk, 27 April]