Monthly Archives: January, 2024
Amy Adler, ‘Artificial Authenticity’
ABSTRACT Why buy something for vast sums of money that other people can seemingly have for free? This is one of the puzzles confronting people new to both the art market and the market in NFTs. Both soaring markets depend on a stark division between real and fake, original and copy. Yet in a world […]
Charles Mitchell, and Jessica Hudson, ‘Justificanda’
ABSTRACT The paper examines the ‘express trust’ and ‘trusts law’ as objects for justification, and asks what, exactly, is being justified by the body of theoretical literature seeking to justify ‘express trusts’ and ‘trusts law’. Too little attention has been paid to this question and a closer investigation of it makes it possible to form […]
Perry Dane, ‘Party Autonomy and the Challenge of Choice of Law’
ABSTRACT A perennial question in choice of law is whether parties to a contract can select the jurisdiction whose law will govern their contract. This so-called ‘party autonomy’ problem is vexing and intriguing, in part because contemporary discussions often overlook in contemporary discussions. The party autonomy problem is more consequential than most issues in choice […]
‘Flexible Property Rights and the Resilient State’
Marc L Roark and Lorna Fox O’Mahony, ‘Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises’, 82 Louisiana Law Review 789 (2022). Professors Marc L. Roark and Lorna Fox O’Mahony’s article, ‘Comparative Property Law and the Pandemic’ succeeds in bringing property theory and vulnerability theory into conversation and […]
Anthony Moffa, ‘From Comprehensive Liability To Climate Liability: The Case For A Climate Adaptation Resilience And Liability Act (CARLA)’
ABSTRACT The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created a uniquely broad and powerful scheme of statutory liability for environmental cleanup of contaminated sites. CERCLA famously imposes strict, retroactive, joint and severable liability. One might wonder, especially through the lens of contemporary partisanship, how such a powerful, comprehensive liability scheme passed through Congress […]
Alice Guerra and Francesco Parisi, ‘Are individual care investments affected by past accident experiences?’
ABSTRACT In this paper, we analyze the impact of past accident experiences on individual care choices. By relying on standard economic theory and evidence of behavioral economics and psychology, we posit that individuals’ care investments should be affected by their past accidents as injurers or victims (accident-history effect hypothesis), or by their prior exposure to […]
Paul Miller and Jeffrey Pojanowski, ‘The Internal Point of View in Private Law’
ABSTRACT Most private law theorists claim to analyze private law from an internal point of view; a vantagepoint within which private law doctrine, institutions and procedure enjoy pride of place. Private law theory of a generation ago distinguished the internal from external points of view, valorizing the former and criticizing the latter for ignoring the […]
‘Comment to Case C-184/20 and the perils of a broad interpretation of Art 9 GDPR’
On 1 August 2022, in Case C-184/20, by responding to a referral procedure brought by the Regional Administrative Court of Vilnius, Lithuania, the Court of Justice (hereinafter Court) addressed two prominent issues of data protection law, namely the balancing of transparency obligations with data protection rights, as well as the extent of protection of – […]
‘ECtHR finds violation of right to property by State’s failure to enforce copyright’
In Safarov v Azerbaijan (appl no. 885/12) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce […]
‘Property Rights, Crypto Tokens and Digital Assets: 8 Predictions’
In recent years, digital assets including cryptocurrencies and non-fungible tokens (NFTs) have commanded considerable media attention. Speaking extra-judicially in the foreward to the UKJT Statement on Crypto-assets and Smart Contracts in November 2019, the Master of the Rolls, Sir Geoffrey Vos, has stated that: ‘In legal terms, cryptoassets and smart contracts undoubtedly represent the future’. […]