Category Archives: Remedies and Procedure
Vitantonio Leuzzi, ‘Automated Copyright Enforcement Online: How Platforms Stifle Creativity by Reducing Technological Cost’
ABSTRACT This article examines the interplay between copyright law and emerging digital technologies, focusing on several key components: the constitutional basis of copyright law, the doctrine of fair use, secondary liability, the DMCA safe harbor provisions, and automated copyright enforcement technologies, particularly YouTube’s ContentID system. In Part I, the paper outlines these foundational elements. Part […]
Timothy Liau, ‘Punitive Disentitlement Within Private Law?’
ABSTRACT Does private law punish? Should it? I question whether private law punishes in a form other than through a court order of punitive damages, by exploring a less obvious form of punishment to which less attention has been paid – ‘punitive disentitlement’ – wherein a person is disentitled from a legal right, defence, or […]
‘No assumption of responsibility after release from police custody: Dobson v Leicestershire Police’
In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB), HHJ Bird examined whether the police had assumed responsibility for the wellbeing of a person released from custody. The court held that there was no assumption of responsibility, and the claim failed. Alexander Cornelius, pupil barrister at 12KBW, analyses […]
Rebecca Stone, ‘Rights, Remedies, and Normative Uncertainty about Justice’
ABSTRACT I develop and defend a novel account of the private law of remedies according to which it is best understood as facilitating deliberations between the parties about the just outcome of their dispute rather than correcting injustice or righting wrongs. According to my democratic conception, the parties are the ones who ideally ought to […]
Mark Fenster, ‘Breach Agents: The Legal Liability of Third Parties for the Breach of Reputational NDAs’
ABSTRACT Nondisclosure agreements intended to keep secret information that could harm one or both parties’ reputations have proliferated over the past decade. Many of them have been breached, some quite famously. Does a third party who assists a contracting party in breaching such an agreement — a member of the press or a family member, […]
‘Contract Law and the Unexpected’: University College London, 16 May 2025
Commercial parties face uncertainty on a regular basis. Their contracts provide for risks and events that might occur during their contractual relationship, including those that cannot be (fully) controlled by the parties, and whose nature is not easy to foresee or be captured by the contractual parties’ expectations. One possible way of addressing the uncertainty […]
Christopher Ryan, ‘A Tale of Two Landlords’
ABSTRACT In 2024, eviction filing rates in the United States reached historic levels, impacting the housing stability of millions of tenants. But the total cost of eviction extends beyond tenants and their landlords – to society. In a companion study, my co-author and I focused on the high costs of eviction that are borne by […]
Samuelson and Silbey, ‘Preventing Unjust Enrichment and Copyright Opportunism: An Equitable Interpretation of Section 103(a)’
ABSTRACT A stealth issue in many close copyright fair use cases is the potential invalidity of second comers’ copyrights under 17 USC § 103(a) if the new use is ultimately held to infringe the derivative work right. In the Supreme Court’s recent Warhol v Goldsmith case, for instance, Lynn Goldsmith claimed that the Warhol Foundation […]
Michael FitzGerald, ‘Not hollowed by a Delphic frenzy: European intermediary liability from the perspective of a bad man: A response to Martin Husovec et al’
ABSTRACT This article proposes a revisionary interpretation of a decade of European Court of Human Rights (ECtHR) jurisprudence on online intermediary liability. This interpretation is produced by applying methodological insights from classical legal realist scholars including from Karl Llewellyn and Oliver Wendell Holmes. This article applies Holmes’s famous heuristic device of the ‘bad man’ to […]
Louise Teitz, ‘Harmonizing Private International Law and International Private Law Through Softlaw’
ABSTRACT This article, prepared for a celebration of the career of Professor Symeon Symeonides, the world’s leading Conflict of Laws expert, uses Symeon’s work as a point of departure to consider what role hardlaw and softlaw play in creating and harmonizing private international law. The article looks at ‘softlaw’ generally and then examines several examples […]