Category Archives: Public policy
Robert Stevens, ‘The Scope of Restraint of Trade’
ABSTRACT A short paper explaining why Lord Reid was correct as to the proper scope of restraint of trade in Esso Petroleum v Harper’s Garage, and why the UK Supreme Court were wrong to depart from his view in Penninsula Securities v Dunnes Stores (Bangor) Ltd. Stevens, Robert, The Scope of Restraint of Trade (January […]
Gregory Sisk, ‘Immunity for Imaginary Policy in Tort Claims Against the Federal Government’
ABSTRACT Fictional policy justifications for official negligence are regularly accepted by the federal courts to shield the federal government from liability for ordinary tortious wrongdoing. The lower federal courts have adopted an extravagant interpretation of the discretionary function exception to the Federal Tort Claims Act that applies whenever a policy implication can be theorized. Under […]
Kodama, Kambayashi and Izumi, ‘Non-Compete Agreements: Human Capital Investments or Compensated Wages?’
ABSTRACT Non-Compete Agreements (NCAs) restrict workers from joining or forming rival companies, which impacts labor market dynamics. Theoretical perspectives on NCAs are varied: they can lead to increased employer investment and higher wages by reducing labor turnover, or they might simply raise wages to compensate for the restriction on workers’ post-employment choices. Alternatively, NCAs could […]
Tina Stephen, ‘Federal trade commission’s rule on non-compete ban: Relevance for a common law jurisdiction – India’
ABSTRACT Countries have been pondering about the use and legality of non-compete agreement for many years. Lack of regulatory clarity on these covenants has allowed companies to use these contracts with impunity. These covenants not only restrict the employees from joining a competitor but also refrain them from having a competing business of their own. […]
‘The Doctrine of Public Policy and Discrimination in the Private Law: A Small Light in an Era of Darkness’, Jane Thompson, Zoom, 17 January 2025
The next session of the Tort Law and Social Equality Project Speakers Series takes place on Friday, January 17 at 12:00-1:30 pm EST over Zoom. Jane Thomson of the University of New Brunswick Faculty of Law will speak on the invalidation of discriminatory wills and trusts as contrary to public policy. She will speak for […]
Ana Kvantaliani, ‘Transactions Concluded Under Duress and Immoral Transactions: Comparative Analysis’
ABSTRACT The following article examines legal transactions concluded under the defect of declaration of intent, more precisely, the interrelation of transactions concluded under duress (Article 85 of the Civil Code) and immoral transactions (Article 85 of the Civil Code). Confusion between immoral agreements and duress in Georgian judicial practice is commonplace. Duress, as a socially […]
‘Copyright and the Public Interest’
It is not unjustifiable to argue that public interest considerations have lain at the heart of copyright law since its inception. The 1710 Statute of Anne, often regarded as the first British copyright statute, has as its full title ‘An act for the encouragement of learning, by vesting the copies of printed books in the […]
Hélène Villain, ‘Non-disclosure Agreements: When Contracts Serve Sexual Violence and How to Deal with Them’
ABSTRACT On October 5th, 2017, the New York Times published an article that would establish the #MeToo movement and help millions of women across the globe to raise their voice and share their stories of sexual harassment, aggression and/or violence. If Harvey Weinstein was the main accused, he was, actually, the epitome of a systemic, […]
Douglas Brodie, ‘The new law of illegality’
ABSTRACT The defence of illegality has undergone significant modernisation at the hands of the judiciary in recent years and public policy considerations are much more explicitly at play. Concepts such as proportionality have become key in decision making. The authority of some of the older case law may have been cast in doubt. At the […]
Zoran Vuković, ‘Cause (Ground) of Obligation of the Contract on Representation in Sport’
ABSTRACT In the law of the Republic of Serbia, the cause of contractual obligation has the significance of a general assumption of the validity of the contract. It represents an essential condition for the creation and survival of every contract. Accordingly, ‘every contractual obligation must have a permissible cause. The cause is impermissible if it […]