Monthly Archives: May, 2024
Pittavino and Walsh, ‘Donationes Mortis Causa of Real Property: Missed Opportunities and Foreclosed Possibilities’
ABSTRACT The doctrine of donatio mortis causa defies and problematises the taxonomy of the common law. It stands both as an archaic monument to Western legal thought several millennia old, and as an informal, intimate, and human mode of disposition of property in the face of death. In New South Wales, there is stark resistance […]
Oman and Krawiec, ‘The Case for Specific Performance of Personal Service Contracts’
ABSTRACT The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time, there is a well-developed literature suggesting that specific performance is often a superior remedy to money damages, and those arguments apply with equal or greater force to personal service contracts. We, therefore, […]
Dan Priel, ‘The Legal Realists on Political Economy’
ABSTRACT Alongside the well-known jurisprudential ideas associated with legal realism, some scholars have highlighted the realists’ political-economic ideas. Best known among them has been Morton Horwitz, who has argued that the realists launched an ‘attack on the legitimacy of the market’. Other scholars challenged this view and argued there was no significant connection between legal […]
Sanderson and Popescu, ‘Tracing Without Fiduciaries: Realism in Australian Equity’
ABSTRACT In this note we argue that Full Federal Court’s decision in RnD Funding Pty Limited v Roncane Pty Limited [2023] FCAFC 28 understates the significance of its own change to the law. This is due to overlooking a persistent fiction within the English authorities on tracing, which adopted the fiduciary requirement as a gauze […]
‘Concluding the Restatement (Third) of Torts Papers Available’
Last year, Southwestern Law School, in conjunction with the Panish Civil Justice Program and ALI, held a symposium on ‘Concluding the Restatement (Third) of Torts’. Papers and transcripts from the symposium are now available on the Southwestern Law Review‘s website. Special thanks to Elena Cordonean, the editor-in-chief, for all her work on the project … […]
Gareth Davies, ‘Data and Money as Alternative Payment Methods for Online Services: Applying a Reasonable Alternative Idea of GDPR Consent’
ABSTRACT A central idea in the GDPR is that consent for data processing must be ‘freely given’. This has been consistently understood by academics and data protection institutions to mean that a refusal of consent must be costless: that individuals must be able to refuse data processing and still enjoy free and full access to […]
Block-Lieb and Janger, ‘Impact Ipsa Loquitur: A Reverse Hand Rule for Consumer Finance’
ABSTRACT Algorithms in consumer finance can entrench, exacerbate, and conceal bias. This article considers the increased importance, in the age of algorithmic lending, of disparate impact analysis as a tool to combat predation and discrimination in consumer finance transactions. It explores the existing legal landscape and finds gaps in the relationship between discrimination and predatory […]
Young and Zhang, ‘Regulating Subprime Lending in Hong Kong and the Need for Law Reform to Better Protect Vulnerable Consumers’
ABSTRACT Hong Kong’s subprime moneylending sector has grown rapidly in recent decades and exploitation of the vulnerable continues largely unabated. Hong Kong’s first Money Lending Ordinance, which was enacted in 1911, introduced a rudimentary system of regulation, which was improved by its successor, the Money Lending Ordinance of 1980. Since 1980, there have been some […]
Recently published: Agnew and Smith (eds), Law at the Cutting Edge
This collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of […]
‘What’s in a name? The CJEU will tell us’
Fashion brands are often named after their founder and chief designer. But what happens to the trade marks if the founder retires, dies or sells the company without continuing to work for it? Can the trade mark become deceptive and if so, under what circumstances? This question lies at the heart of a preliminary reference […]