Monthly Archives: January, 2024
Sarah Joseph and Joanna Kyriakakis, ‘Tort Law Filling the Human Rights Void’
ABSTRACT Tort law offers real prospects for human rights remedies in Australia, especially in the absence of human rights legislation in most Australian jurisdictions. In this chapter, we provide an overview of human rights protection in Australia, relevant aspects of tort law in Australia and its relationship to human rights, and the torts of most […]
Shyamkrishna Balganesh, ‘Learned Hand’s Copyright Law’
ABSTRACT Learned Hand is often described as the greatest copyright judge to have ever sat on the bench. By the 1950s, the most important parts of US copyright law had been his creation, all from his time as a judge on the Second Circuit Court of Appeals. Despite all of this, there has been little […]
Damien Geradin, Konstantina Bania and Theano Karanikioti, ‘The interplay between the Digital Markets Act and the General Data Protection Regulation’
ABSTRACT The Digital Markets Act (‘DMA’) will soon become part of EU law. Clearly, the DMA will not apply in a vacuum; instead, it is meant to complement national and EU rules that establish obligations for gatekeeper platforms. The text of the DMA states that the Regulation will apply ‘without prejudice’ to a series of […]
Daria Levina, ‘Jurisdiction at the place of performance of a contract revisited: a case for the theory of characteristic performance in EU civil procedure’
ABSTRACT The article revisits jurisdiction in the courts for the place of performance of a contract under Article 7(1) of the Brussels Ia Regulation. It proposes a new framework for understanding jurisdiction in contractual matters by offering a comparative and historical analysis of both the place of performance as a ground for jurisdiction and its […]
‘Meaning of covenant to reinstate to “bare shell” condition’
AFH Hong Kong Stores Ltd v Fulton Corporation Ltd ([2022] HKCA 1243) concerned the interpretation of a tenant’s covenant to reinstate the demised premises to a ‘bare shell’ state on the determination of the lease. The premises were retail premises over five floors of a building in the Central district of Hong Kong. When it […]
Andrew Bradt, Zachary Clopton and Theodore Rave, ‘Dissonance and Distress in Bankruptcy and Mass Torts’
ABSTRACT This Essay reviews the highly successful 2022 Fordham Law Review symposium on the Intersection of Aggregate Litigation and Bankruptcy. The symposium brought together judges, scholars, and practitioners who work on multidistrict litigation (MDL), bankruptcy, or both. The symposium was successful because it brought these groups into conversation at a time when high profile mass […]
Wentong Zheng, ‘Corporations as Private Regulators’
ABSTRACT The growing trend of corporations imposing restrictions on suppliers, contractors, and customers beyond the requirements of existing laws requires rethinking the nature and impact of corporations’ private regulatory power. This trend, which this Article refers to as ‘Corporations as Private Regulators’ (CPR), represents a paradigmatic shift in how corporations participate in the making of […]
Symeon Symeonides, ‘Conflict of Laws in the ALI’s First Century’
ABSTRACT This essay is part of a forthcoming book about the history of the American Law Institute (ALI), which will be published in 2023, one hundred years after the Institute’s founding. It discusses the ALI’s two Restatements of Conflict of Laws. The first Restatement, adopted in 1934 and identified with its highly respected but dogmatic […]
James Leach, ‘Principles of ownership and the transmission of knowledge in contemporary dance and Irish traditional music: Social norms and legal contexts’
ABSTRACT Drawing on the contributions to this special issue, this article offers a synthetic description of the principles of ownership, sharing, and reward that guide and stimulate the creative practices of contemporary dance. Irish traditional music is also considered. The article aims to contextualize creative practices within a series of concerns around the protection and […]
‘Royal wills: why the Queen’s is different’
In two previous posts we’ve discussed the fate of the late Prince Philip’s will. Following an application by his executors, the court made an order sealing it up for 90 years. There were questions about how transparent those proceedings were, but the basic rule that his will might otherwise have been open to public inspection […]