Monthly Archives: May, 2022

‘Contracts at the NRA Convention’

“As reported here in The New York Times, a number of musicians who were slated to perform at the National Rifle Association (NRA) convention this weekend in Houston have pulled out. The musicians include Don McLean (pictured, in 1976), best known for the iconic songs, ‘American Pie’ and ‘Vincent’, both from the early 1970s; Larry […]

‘Why the implementation of the Italian press publisher rights might not be compatible with EU Law’

“Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for […]

Filippo Noseda, ‘The new Swiss trust: Is it a trust? Practical considerations’

ABSTRACT In a world awash with academic articles on the compatibility of trusts with civil law systems, the author considers some practical implications of the terminology used by the Swiss legislator in its draft Bill on new trust provisions to be inserted in the Swiss Code of Obligations. € Filippo Noseda, The new Swiss trust: […]

Lydia Bracken, ‘Recognition of LGBTQI+ parent families across European borders’

ABSTRACT The legal recognition of LGBTQI+ parent families differs considerably across Europe and is a matter that is largely outside of the remit of EU law. This creates difficulties for LGBTQI+ parent families who cross European borders as legal parent-child relationships established in one Member State may not be recognized in another, resulting in limping […]

Rosborough and Seidler, ‘Intangible Justice? Intellectual Property Disputes and Canadian Small Claims Courts’

ABSTRACT This article investigates the jurisdiction and institutional competence of Canadian small claims courts and tribunals with respect to complex claims, and in particular, intellectual property (IP) claims. Recent research points to an increase in these types of claims. A doctrinal analysis finds small claims bodies have wide jurisdiction over intellectual property infringement, contract, and […]

‘The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable Future’

“Recent decades have witnessed environmental, social, and economic upheaval, with major corporations contributing to a host of interconnected crises. Given the scope of their operations and consequent impacts, the rules that structure and condition the governance of large business corporations have far-reaching significance, and corporate managers and institutional investors generally agree – at least in […]

Daniil Shmatkov, ‘Copyright Protection For Sports and Robotics Moves: New Challenges’

ABSTRACT The purpose of this article is to identify issues of copyright protection for sports and robotics moves that requires an in-depth research and a definition of its specifics. The article justifies the need to study relevant issues such as pantomime and parody as elements of sports moves, modern sports and sports for people with […]

Estair Van Wagner, ‘The Legal Relations of “Private” Forests: Making and unmaking private forest lands on Vancouver Island’

ABSTRACT While the vast majority of forestlands in Canada are considered ‘Crown land’, there are key areas of private forestland. On private land the incidents of fee simple ownership mean the owner emerges as land use decision maker – the “agenda setter” for the land. Yet a richer set of legal relations exists in these […]

Solomon Faakye, ‘Right to Restitution under Illegal Contracts: Seeking Clarity in Ghana’

ABSTRACT The law on the availability of restitution in the context of illegal contracts is unclear. Several irreconcilable approaches have been proposed at common law in search of a solution to the question of whether or not a party to an illegal contract who has benefitted from the contract has any right to restitution. This […]

‘Legal Theory Lexicon: Uncertainty, Risk, and Ignorance’

“First year students soon learn that the law must deal with uncertainty – imperfect knowledge about the past, present, or future. What level of precaution is required by the duty of reasonable care when engaging in behavior that might or might not cause a harm? How should regulators deal with a new technology (eg, genetically […]