Monthly Archives: January, 2024
Timothy Mulvaney and Joseph Singer, ‘Essential Property’
ABSTRACT For a sizable swath of the US population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people […]
Jacob Phelps and others, ‘Environmental Liability Litigation Could Remedy Biodiversity Loss’
ABSTRACT Many countries allow lawsuits to hold responsible parties liable for the environmental harm they cause. Such litigation remains largely untested in most biodiversity hotspots and is rarely used in response to leading drivers of biodiversity loss, including illegal wildlife trade. Yet, liability litigation is a potentially ground-breaking conservation strategy to remedy harm to biodiversity […]
Jacques de Werra, ‘Reference Guide to Sustaining Sport and its Development through Intellectual Property Rights’
ABSTRACT The reference guide explores and presents how the protection of intellectual property (IP) rights applies and how it can be used in the sports industry. It analyzes how IP rights can help to foster the social and economic development of sports activities and the organization of sports events at the national or regional level. […]
Haochen Sun, ‘Redesigning Copyright Protection in the Era of Artificial Intelligence’
ABSTRACT How to protect the creations of artificial intelligence (‘AI’) systems through copyright law is one of the most significant and complex legal issues of our time. Debated by stakeholders around the world, the issue has so far evaded consensus. However, a series of administrative and judicial rulings has altered the landscape. In 2019, a […]
Fahad Ahmad Bishara, ‘The Sailing Scribes: Circulating Law in the Twentieth-Century Indian Ocean’
ABSTRACT What did the practice of law look like on the high seas? This has been a matter of some discussion among legal historians, with the bulk of the evidence coming from encounters between European ships in the Atlantic and Asia. This article takes a different tack, taking as its starting point a series of […]
James Marson and Katy Ferris, ‘When is an Insured Vehicle an Uninsured Vehicle?’
ABSTRACT In Colley v Motor Insurers’ Bureau the Motor Insurers’ Bureau appealled against liability to satisfy a claim for damages for injuries suffered by a passenger in a motor vehicle accident. The driver was uninsured, but at the time of the accident the vehicle in which the victim was travelling was subject to a policy […]
Henry Cooney, ‘Risk and Causation in Negligence’
ABSTRACT This article comments upon a recent decision of the High Court of Australia in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11. The principal areas of focus are (1) the characterisation of risk in the law of negligence, (2) the proper approach when considering breach of duty in the law […]
Huiyan Zhang, ‘Characteristics of litigated patents in weak intellectual property rights regimes: Evidence from China’
ABSTRACT This paper investigates characteristics of patents involved in infringement lawsuits in weak intellectual property rights (IPR) regimes. Weak IPR regimes usually feature weak patent enforcement, such as relatively low level of compensation to infringement loss or damage awards being capped by an upper bound. I build a dynamic model to show how these low-enforcement […]
Robert Rhee, ‘The Neoliberal Corporate Purpose of Dodge v Ford and Shareholder Primacy: A Historical Context 1919-2019′
ABSTRACT The article provides a historical context of the most iconic case in corporate law, Dodge v Ford Motor Co. The case famously asserted that ‘there should be no confusion’ that corporate purpose is ‘primarily for the profit of the stockholders’. This statement succinctly encapsulates the idea of shareholder primacy, the corporate rule requiring managers […]
Gregory Keating, ‘Enterprise Liability’
ABSTRACT In American tort law ‘enterprise liability’ is a response to the profound transformation of the social world brought about by modern industrial, technological society. In this world, most accidental harm is not the random byproduct of isolated individuals going about their idiosyncratic existences in civil society. Instead, the harms and wrongs characteristic of modern […]