Monthly Archives: January, 2024
‘When Regulation Fails?: Public Nuisance Liability As Fallback Option Or Policy Plan’
Leslie Kendrick, ‘The Perils and Promise of Public Nuisance’, Yale Law Journal (forthcoming 2023), available at SSRN. On its face, there is a certain hypocrisy to the fact that governments permitted private parties to distribute massive amounts of opioids, stood on the sidelines as overuse and misuse created a deadly toll, and, only after the […]
Kanning, ‘Shell and the Climate Case – Is the Shell Group the “Cheapest Cost Avoider”?’
ABSTRACT The Hague District Court in The Netherlands faced a novel tort law issue in 2021 in Milieudefensie et al v Royal Dutch Shell plc – namely, whether Shell is liable in tort for the reduction costs of carbon dioxide produced in the end use of energy-carrying Shell-products. Ronald Coase’s 1960 paper, ‘The Problem of […]
Porcedda, ‘On the compatibility of pandemic data-driven measures with the right to data protection: a review of “under-the-radar” measures adopted in Ireland to contain COVID-19’
ABSTRACT This article reviews the compatibility of ‘under-the-radar’ data-driven measures adopted in Ireland to contain the COVID-19 pandemic with data protection law. Since data protection law implements and gives substance to the right to the protection of personal data enshrined in article 8 of the Charter of Fundamental Rights of the European Union, the article […]
Zahar, ‘The Missing Relational Element in Tort Cases On Greenhouse Gas Emissions’
ABSTRACT The applicability of tort law to conduct contributing to the causes of climate change (’emitting conduct’) has been questioned by courts of Common Law jurisdictions. The golden thread running through the decisions is that plaintiffs have failed to prove the existence of a standard by which to distinguish acceptable from unacceptable emission of greenhouse […]
Marcus Moore, ‘Demystifying Implied Terms’
ABSTRACT Recent years have witnessed significant interest in demystifying the implication of contract terms. Whilst the discussion thus far has elicited some answers, the subject remains notoriously ‘elusive’. This article advances discussion in the field. It argues that underlying recent debates are deeper issues that must be brought to the surface. These include theoretical incoherence […]
‘Privacy Depends’
Solon Barocas and Karen Levy, ‘Privacy Dependencies’, 95 Washington Law Review 555 (2020). American law typically treats privacy and its associated rights as atomistic, individual, and personal – even though in many instances, that privacy is actually relational and interdependent in nature. In their seminal article on ‘The Right to Privacy’, for instance, Samuel Warren […]
Pajuste and Toniolo, ‘Corporate Response to the War in Ukraine: Stakeholder Governance or Stakeholder Pressure?’
ABSTRACT This Article empirically investigates the corporate response to the Russian invasion of Ukraine in the framework of the stakeholder capitalism debate. Some describe corporate leaders’ decision to withdraw from Russia as an example of stakeholder governance, maintaining that they placed social responsibility over profits. Others question the authenticity of corporate support for Ukraine and […]
Lockman, ‘Fencing the Wind: Property Rights in Renewable Energy’
ABSTRACT In the face of global warming, the rapid development of carbon-neutral energy resources is utterly imperative. However, even environmentally friendly energy production like wind power has real externalities. Those who live in the shadow of wind turbines and suffer the immediate effects of wind development can be disenfranchised by municipal and state-level siting processes. […]
Moringiello and Odinet, ‘Blockchain Real Estate and NFTs’
ABSTRACT Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions. In […]
Asay, ‘Software’s Legal Future’
ABSTRACT The software industry’s history is also its future. Its history has been defined by both abundance and scarcity, and its future will be, too. In the 1970s and 80s, perceived software scarcity led US legislators to formally grant intellectual property protections to software creators. Later, a different kind of scarcity – a lack of […]