Monthly Archives: May, 2024
Pascal McDougall, ‘Global Value Chains, Labor Rights, and the Nature of Transnational Law’
ABSTRACT This Article develops a framework to analyze the laws that bear on working conditions in global value chains (GVCs), a production structure based on hierarchical international firm networks. In so doing, it contributes to broader debates about how to conceptualize law under contemporary ‘globalization’. The Article argues against the widespread view that GVCs – […]
Attinger and others, ‘Money matters: a critique of “informed financial consent”’
ABSTRACT In recent years, concerns about the financial burdens of health care and growing recognition of the relevance of cost to decision making and patient experience have increasingly focused attention on financial ‘transparency’ and disclosure of costs to patients. In some jurisdictions, there have been calls not only for timely disclosure of costs information, but […]
Darryn Jensen, ‘Hume’s Conventionalist Account of Property and the History of English Land Law’
ABSTRACT The central theoretical assumption of English land law (and land law in related legal systems) that all rights in land are derivative of the Crown’s rights does not provide a full account of the origins of rights in land. ‘Liberal’ theories of the origin of property rights, which see property rights as something that […]
A Symposium on Martijn Hesselink’s ‘Reconstituting the Code of Capital’: European Law Open (June 2022)
Reconstituting the Code of Capital: could a progressive European code of private law help us reduce inequality and regain democratic control? (Martijn W Hesselink) Legal coding beyond capital? (Katharina Pistor) Select Coding for the 99 per cent? Principles and the preconditions of capital minting (Candida Leone) Progress towards what? On the need for an intersectional […]
Leandro Zanitelli, ‘Contract as a Transfer of Ownership and Public Justification: Two Models’
ABSTRACT This article deals with Peter Benson’s claim that, unlike rival approaches such as promissory morality and the economic analysis of law, the theory of contract as transfer of ownership offers a public basis of justification for the coercive practice of contracts. The article points out that this claim can be understood in two ways, […]
Chalaczkiewicz-Ladna, Sojka and Jerzmanowski, ‘To Whom Polish Directors Owe Their Duties – Between Shareholder Primacy and Political Agenda’
ABSTRACT Poland is traditionally portrayed as a shareholder primacy jurisdiction – the legislation is silent on this, but it is confirmed by the Polish legal academia and the case law. Interestingly, the focus on shareholder value in Poland is not ‘transplanted’ from the common law jurisdictions, but it is rather derived from the liberal model […]
Cowan and Hardy, ‘Charitable purposes and the shaping effects of money’
ABSTRACT We address a curious omission from both the literature on the law of charity and socio-legal studies – the effect of apparently extraneous factors, such as politics and ideology, as well as the searching for money on the charitable purposes and identities of the public who are to benefit from the charity. This is […]
Alban Guyomarc’h, ‘Property on space resources: The search for a terminology’
ABSTRACT By the end of one or two decades, several competing lunar bases will be installed or in the process of being installed, most probably located around the Moon’s South Pole and its water resources. By the end of three decades, companies will probably be extracting resources from the moon with a commercial and lucrative […]
Maria Teresa Bartalena, ‘Reasonable royalty damages across different countries and through a law and economics lens’
ABSTRACT In most legal systems, a reasonable royalty represents the minimum compensation for patent infringement litigation, and it is undoubtedly the most used among the remedies at the courts’ disposal. Therefore, its calculation is crucial in the intellectual property field and, more specifically, within the function of liability in this context to incentivise investments in […]
Elena Napolitano, ‘The New Frontiers of Trust: Bitcoins and Cryptocurrencies’
ABSTRACT The opportunity offered by digital innovation to create new categories of goods or, at least, to transform what was previously represented by objects into something virtual has inevitably raised the issue of the legal qualification of digital assets, particularly cryptocurrencies. This classification requires a careful delimitation of the phenomenon. First, because not all ‘digital […]