Monthly Archives: January, 2024
Jing, ‘Intention in the Creation of Chinese Inter Vivos Express Trusts’
ABSTRACT In both English law and Chinese law, it is an inherent requirement that before an inter vivos express trust (‘IVET’) is properly set up, an owner must manifest a proper intention to deliberately and voluntarily engage with the IVET device. Under English law, it is an orthodox view that the proper intention required is […]
Roughan, ‘Plurality of Laws and Conflict of Laws: Reconciling Through Recognition?’
ABSTRACT Advocates of the flexibility and adaptability of conflict of laws models have articulated renewed potential for its institutions, methods, and doctrines to be part of the toolkit for operating relations between state and Indigenous legal orders. However, at a time when pluralist jurisprudence grapples with new ways of realizing inter-sovereign or at least inter-authority […]
Becher and Phillips, ‘Data Rights and Consumer Contracts: The Case of Personal Genomic Services’
ABSTRACT Companies in the personal genomics industry sell genetic tests to consumers over the internet. As such, the personal genomics industry gives individuals direct access to their genetic information, creating a market for DNA tests as consumer services. This study explores the legal and policy implications of Consumer Data Rights (CDRs) in the context of […]
‘A Primer on Forum Non Conveniens’
Under the doctrine of forum non conveniens, a judge may dismiss a case on the understanding that the case would be better heard in another sovereign’s court. It is a judge-made discretionary doctrine that can be invoked even if the court otherwise has proper jurisdiction over the case. This primer describes the current federal doctrine […]
Raposo, ‘“I’m right behind you”: Digital contact tracing under European law’
ABSTRACT The features of the coronavirus disease 2019 (COVID-19) pandemic demand a new form of contact tracing performed by digital means: digital contact tracing. However, this mechanism raises several issues in light of relevant European regulations, particularly in terms of personal data protection and privacy. The challenge is to have a digital contact tracing model […]
Martínez and Tobia, ‘What Do Law Professors Believe about Law and the Legal Academy?’
ABSTRACT Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ […]
Giliker, ‘Contract Negotiations and the Common Law: A Move to Good Faith in Commercial Contracting?’
ABSTRACT Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of ‘good faith’ as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the […]
Jacques, ‘Knowing Your Audience: IP Student Profile’
ABSTRACT IP education traditionally took place in a Law School. Yet, IP Education may now be received in any university faculty. At the same time, today’s typical law classroom has very little in common with a law classroom of 20 or even 10 years ago. Whilst the world changes, a certain reticence for change can […]
Arbel and Mungan, ‘Defamation with Bayesian Audiences’
ABSTRACT How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable, due to practical and legal […]
Soon, ‘A comparative analysis of legislative protection from harassment: a view from Singapore’
ABSTRACT Harassment continues to plague modern society. Yet, countries have not found the panacea. Some have opted for a common law tort approach, while others have sought to legislate for protection against harassment. Singapore initially tackled this issue with the former, but turned to the latter after the common law tort created by the Singapore […]