Monthly Archives: May, 2024
Douglas Kysar, ‘The Constitutional Claim to Individuation in Tort – A Tale of Two Centuries, Part 2’
ABSTRACT This article – drafted to honor Professor Aaron Twerski on the occasion of his festschrift at Brooklyn Law School – draws inspiration from his classic 1989 article on market share liability. In that article, Professor Twerski observed that doctrinal confusions in market share liability arose from judges who ‘had their feet firmly planted in […]
Yifat Naftali Ben Zion, ‘Ethical Investments’
ABSTRACT The market for socially responsible investing – commonly referred to as ESG (environmental, social, and governance) investing – is experiencing rapid growth. Yet a crucial legal question, that could shape this market’s potential to better our world, remains unresolved: can institutional investors consider ESG factors when making investment decisions? These investors hold a significant […]
Stacy-Ann Elvy, ‘Commercial Law as a Source of Privacy and Security Protection’
ABSTRACT In 2022, the American Law Institute and the Uniform Law Commission approved important amendments to the Uniform Commercial Code (‘UCC’) to address various technological developments. This Essay explores the potential role of these revisions to the UCC and other related sources of law in helping to protect consumer privacy and security in the Internet […]
Meera Sossamon, ‘Split the Difference: A Civilian Thesis for Punitive Damages’
ABSTRACT ‘Large punitive damages awards get attention’: an observation that remains as true today as it was twenty years ago, particularly in the United States. The cases excerpted in the chart below are just a few of the headline-grabbing punitive damages verdicts within the past five years. As the figures show, punitive damages can total […]
Stacy-Ann Elvy, ‘Privacy Law’s Consent Conundrum’
ABSTRACT This essay sheds light on how an existing consent framework established by courts in applying contract law to assess the validity of companies’ terms and conditions can aid in both remedying privacy law’s consent conundrum and mapping out the contours of a proposed ‘duty to obtain consent appropriately’. Elvy, Stacy-Ann, Privacy Law’s Consent Conundrum […]
Dogan and Silbey, ‘Jack Daniel’s and the Unfulfilled Promise of Trademark Use’
ABSTRACT In Jack Daniel’s v VIP Products, the Supreme Court announced a bright-line rule: whatever speech protections govern the use of trademarks in artistic works, no such rule applies ‘when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods’. […]
James An, ‘Substance and Process in Corporate Law’
ABSTRACT The central purpose of corporate law is to facilitate the relationship between the shareholders who provide the corporation’s equity capital and the managers who make the bulk of corporate decisions. Although select aspects of corporate law considers the economic merits of those decisions (‘substance’), the bulk of corporate law regulates the procedures by which […]
Buckley, Caulfield and Becker, ‘How Might the GDPR Evolve? A Question of Politics, Pace and Punishment’
ABSTRACT The digital age has made personal data more valuable and less private. This paper explores the future of the European Union’s General Data Protection Regulation (GDPR) by imagining a range of challenging scenarios and how it might handle them. We analyze United States’, Chinese and European approaches (self-regulation, state control, arms-length regulators) and identify […]
Douglas Brodie, ‘Disavowing an Implied Term of Fairness’
ABSTRACT In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and […]
Beardmore and others, ‘The positive impact of legal advice and services on the mental wellbeing of UK veterans’
ABSTRACT Law has been recognised as a significant social determinant of health, however, micro-level legal advice interventions are underexplored. The dearth of research concerning the experience of British veterans highlights the need for uniquely tailored support services. This need is emphasised by the pervasiveness of mental health issues amongst this population. We investigate the feasibility […]