Monthly Archives: January, 2024
‘Another Tale of Two Toms – Restitution of Mistaken Payments, and Interceptive Subtraction, again’
Actor Tom Hollander told an anecdote to Seth Meyers on the Late Night tv show, about when he received a bonus payslip meant for actor Tom Holland. At the time, the two actors shared an agent, who obviously mixed up his own clients, so it’s not a surprise that the rest of us do too […]
(Robin) Hui Huang, Hui Deng and Aiden Foon Lok Chan, ‘The Legal Nature of Cryptocurrency as Property: Accounting and Taxation Implications’
ABSTRACT This Article takes an interdisciplinary approach to examining the legal nature of cryptocurrency as property and its accounting and taxation implications for companies holding cryptocurrencies. Nowadays an increasing number of companies accept cryptocurrencies as payment and investment methods, but it is still unclear how to classify them as property, which results in uncertainties relating […]
Carrie Floyd, ‘New Tech, Old Problem: The Rise of Virtual Rent-to-Own Agreements’
ABSTRACT This Article explores how fintech has disrupted the traditional rent-to-own (RTO) industry, giving rise to new, virtual RTO agreements (VirTOs). These VirTOs have enabled the RTO industry to expand into the service industry and to markets for products not traditionally associated with rentals, such as vehicle repairs, pet ownership, and medical devices. This Article […]
Luís de Lima Pinheiro, ‘The Spatial Reach of Injunctions for Privacy and Personal Data Protection on the Internet Revisited’
ABSTRACT This study deals with the spatial reach of injunctions addressed to online intermediaries for removal, blocking or delisting of content for the protection of the right of privacy, including data protection. It complements a previous essay published in Ius Vivum: Kunst – Internationales – Persönlichkeit. Festschrift für Haimo Schack zum 70. Geburtstag, summarizing its […]
Yehezkel Margalit, ‘From (Moral) Status (Of the Frozen Embryo) To (Relational) Contract and Back Again to (Relational Moral) Status’
ABSTRACT The already existing hundreds of thousands of unused frozen embryos coupled with the skyrocketing rate of divorce raise numerous moral, legal, social, and religious dilemmas. Among the most daunting problems are the moral and legal status of the frozen embryo; what should its fate be in the event of conflicts between the progenitors; and […]
Eleni Tzoulia, ‘The Blockchain Ecosystem in the Light of Intellectual Property Law’
ABSTRACT The study at hand delves into the technologies composing blockchain and designates its most significant practical applications to date. The technological ecosystem identified through this investigation is then scrutinized from the perspective of intellectual property law. It examines, in particular, under which conditions and to what extent blockchain itself as a standalone product, its […]
David Sella-Villa, ‘Drones and Data: A Limited Impact on Privacy’
ABSTRACT Concerns about drones and their impact on privacy are misplaced. Most of the scenarios discussed in the academic literature and policy commentary simply assume that drones operate in a unique way. These discussions of drones and privacy have left the antecedent question unexamined – precisely how do drones impact privacy? This Article is the […]
Sara Emily Burke and Roseanna Sommers, ‘Reducing Prejudice Through Law: Evidence from Experimental Psychology’
ABSTRACT Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that […]
Victor Tadros, ‘Beyond the Scope of Consent’
INTRODUCTION When, why, and in what ways, do a person’s errors have a bearing on whether they validly consent to another person’s conduct? One answer relies on the scope of consent. Consider the following schematic set of facts. Y owes X a set of consent-sensitive duties not to perform some set of token acts {v1-vn}. […]
Malcolm Rowe and Manish Oza, ‘Tort Claims Against Public Authorities’
ABSTRACT When interactions between modern states and their citizens result in harm to individuals, the legal system is called upon to provide redress. Holding public authorities liable in tort is one solution the common law has developed to compensate individuals for harm incurred through state action. This article highlights the role that tort law plays […]