Monthly Archives: January, 2024
Carol Rose, ‘Modularity, Modernist Property, and the Modern Architecture of Property’
ABSTRACT Property law treats property as things, or as he often says, modules – objects whose boundaries people may see and understand as belonging to themselves or others, without having to know the details of their interior interrelationships. Such ‘things’ are protected by exclusion rules with some more fine-tuned governance rules for boundary issues. Smith’s […]
Amelia Miazad, ‘D&O Insurers as Climate Governance Monitors’
ABSTRACT Society’s demands on corporations to address the climate crisis are falling on the shoulders of directors and officers. Directors and officers who either shrug off these challenges, or make missteps, are facing shareholder lawsuits and regulatory investigations. D&O insurers are stepping in, like they always have, to pay for claims. But inside the familiar […]
Nataliia Filatova-Bilous, ‘Data as a Tradeable Commodity: Propertization vs the Concept of Exclusive Rights’
ABSTRACT This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze […]
Meredith Render, ‘Blake v Stradford, 725 NYS 2d 189 (Dist Ct 2001)’
ABSTRACT This piece engages in a reimagining of the classic property case of Blake v Stradford through a feminist lens, as part of Cambridge University Press’s series, Feminist Judgments. In the original case, an unmarried male and female romantic couple resided together for several years (along with their children) in a house owned by the […]
Benoit Mayer, ‘The Contribution of Urgenda to the Mitigation of Climate Change’
ABSTRACT Dutch courts in Urgenda ordered the government of the Netherlands to reduce national greenhouse gas emissions by 25% by 2020, compared with 1990. The case has been presented as a remarkable judicial victory of climate action advocates. With hindsight, this article questions the case’s contribution to the mitigation of climate change. If the Urgenda […]
John Young, ‘Property and a Sense of Belonging within a Legal System: European and Indigenous Australian Spheres Compared’
ABSTRACT This article investigates and discusses the thesis that ‘a sense or awareness of belonging within a legal system derives from a person’s relationship to property’. The European people and Indigenous Australian people spheres are compared. For both spheres, ‘a sense of belonging’, ‘a legal system’ and ‘property’ are defined, and the questions ‘does property […]
David Owens, ‘Private Authority’
ABSTRACT The paper critically compares the views of John Gardner and Arthur Ripstein on Private Property. Owens, David, Private Authority (June 2019), Jerusalem Review of Legal Studies, volume 19, issue 1, pp 1-13 (June 2019).
Aaron Yoong, ‘Challenges in the Evolution of the Doctrine of Non-Delegable Duty’
ABSTRACT This article embarks on a general examination of the doctrine of non-delegable duties. In particular, it seeks to show that the current approach and understanding of non-delegable duties is inadequate and fails to deal head-on with the underlying doctrinal gaps. Scrutinising major common law jurisdictions and developments in the case law, three main issues […]
Bahadir Köksal and Roee Sarel, ‘The Smart Contracts Trilemma’
ABSTRACT Contract law imposes formal requirements on certain agreements as a pre-condition for enforcement. The main economic logic behind such requirements is to minimize transaction costs, for instance, by ensuring a public transaction record. The technology of ‘smart contracts’ – algorithms that execute pre-defined actions if certain conditions are fulfilled – is a promising venue […]
Kerry Sun and Stéphane Sérafin, ‘The Nominalism of the New Nominate Torts’
ABSTRACT Within the past three years, trial courts in Canada have purported to recognise several new nominate torts: ‘internet harassment’, ‘harassment’ simpliciter, ‘public disclosure of private facts’, and ‘family violence’. In this paper, we critique the judicial methodology underlying the creation of these new nominate torts, arguing that the reasoning proffered in these decisions is […]