Monthly Archives: May, 2024
Emily Sherwin, ‘What Happened to Private Law in the US’
ABSTRACT Scholars associated with New Private Law have made persuasive arguments for the practical benefits of private law and have offered a surprisingly wide range of modern theoretical justifications for the continued role of private law. What is missing is the mechanism by which a thriving body of private legal doctrine can be sustained in […]
Liew and Garnett, ‘Trusts Jurisdiction Clauses: An Analysis’
ABSTRACT While jurisdiction clauses, or choice of court agreements, are increasingly utilised in trust deeds, the common law rules which apply to these clauses are far from clear. In comparison to the contractual context, the use of jurisdiction clauses in the trusts context is relatively more recent, and the relevant authorities are sparse. This situation […]
Leslie Katz, ‘In Mrs Gaskell’s Wives and Daughters, were Osborne Hamley and Aimée Scherer Lawfully Married?
ABSTRACT In Wives And Daughters, Osborne Hamley and Aimée Scherer participate in marriage ceremonies both in France and in Germany, possibly followed by a marriage ceremony in England. In this paper, I discuss whether either marriage ceremony conducted on the Continent resulted in a marriage that would have been recognised as valid by English courts. […]
Julia Patterson Forrester Rogers, ‘eMortgage and Crypto-Mortgage in Home Finance’
ABSTRACT Most home mortgage loans today are documented on physical paper, but they are increasingly closed as eMortgages. The move to electronic documents is inevitable and ultimately will be a positive change for both lenders and borrowers. But additional regulation is needed to address issues raised by electronic home mortgage closings and the crypto-mortgage, a […]
Saidakhrarovich and others, ‘Democratizing Innovations: A New Perspective on Intellectual Property to Advance Social Justice in the Age of AI’
ABSTRACT The rapid advancements in artificial intelligence (AI) capabilities have catalyzed intense debates surrounding the attribution of authorship and ownership of intellectual property (IP) generated through the use of AI systems. As AI becomes increasingly adept at autonomously producing creative outputs such as art, literature, and music, fundamental questions arise regarding the proper allocation of […]
Elias Van Gool, ‘Overview of German Product Liability Law’
ABSTRACT This is an unpublished excerpt from my doctoral dissertation, which has been entirely omitted in the final, published version due to reasons of scope. It might be of interest to comparative legal researchers and non-German-speaking lawyers, since it is more comprehensive and recent than other English texts on German product liability law sensu lato. […]
Stephanie Iken, ‘Addressing Biases and Barriers – Advancing Women in Mass Tort MDL Leadership’
ABSTRACT The legal profession grapples with profound gender disparities, particularly evident in leadership roles within mass tort litigation. This article delves into the myriad biases and systemic barriers that hinder women’s advancement in legal leadership, shedding light on the challenges they face and proposing strategies for fostering gender equity. The analysis begins by examining the […]
Jiang and Gordley ‘Fairness in Chinese Contract Law: A Borrowed Mistake’
ABSTRACT Chinese law on contractual fairness has recently been modified to resemble that of the United States and Europe. For a contract to be invalid, there must be both substantive and procedural unfairness. Such an approach is a reaction to the will theories of contract which arose in the nineteenth century. Substantive unfairness contradicts the […]
Sebastian Omlor, ‘Unfair Contractual Terms under the EU Data Act’
ABSTRACT In January 2024, the EU Data Act (DA) came into force, which is a central building block of the EU Strategy for data. It contains special rules on control of unjust contractual terms. This article examines these provisions of the DA, explains their systematic relationship to other EU secondary law, in particular the Unfair […]
Mark Gergen, ‘Equity’s System of Open-Ended Wrongs and Limited Remedies’
ABSTRACT It is well-known that equity gives courts considerable discretion to override the normal operation of legal rules to prevent an injustice in a particular case. This Article shows equity combined this discretion with limited remedies (rescission, restitution, reformation, and estoppel), and that these limited remedies strike a balance between the value of doing justice […]