Monthly Archives: May, 2024
Carabellese and Giustina, ‘The Uber case and gig-individuals against the backdrop of the gig-economy: Dilemmas between labour law and techno-law’
ABSTRACT The ‘Uber workers’ and, more in general, individuals deployed in the platforms, overall considered the ‘gig economy’, have already been the subject matter of multifarious dicta in Italy. However, not only are these court decisions contradictory with each other, but also they are quite nebulous in their underpinning reasoning. Furthermore, there are a few […]
Poncibò, Gangemi and Ravot, ‘Blockchain Justice: Exploring Decentralising Dispute Resolution Across Borders’
ABSTRACT It is well known that the raison d’etre of Distributed Ledger Technology (DLT) is to enable peer-to-peer transactions that do not require Trusted Third Parties (TTP). Commercial security is a major concern for users in this new era: intermediaries are increasingly seen as security holes and removed from protocols as a result of a […]
Fabrizio Esposito, ‘Price personalisation: Walking the not-so-blurred line between innovation and exploitation’
A few years back, I got a nasty bronchitis: for over a week, I could barely leave my bed to reach the sofa. In essence, my main occupation was coughing; and it was quite tiresome, too. The ideal scenario for binge-watching. Which is what I did. Soon, I had watched all my Netflix watchlist, even […]
Andersson and Lerouge, ‘From the Recognition of “Psychiatric Disorder Caused by Asbestos Exposure” to the Mobilisation of Dignity in Labour Law: A Comparison of France and Sweden’
ABSTRACT In two rulings on 8 February 2023, the French Court of Cassation invoked the notion of ‘dignity’ in labour law to support claims for ‘damage due to anxiety’ (‘préjudice d’anxiété’). The concept of ‘damage due to anxiety’, which might in English be translated more functionally as ‘psychiatric disorder caused by asbestos exposure’, is based […]
Christian Armbrüster, ‘Stemming Illegal Trade of Cultural Property – How Can Private Law Contribute?’
ABSTRACT This contribution explores how private law may contribute to the protection of cultural property against illegal trade. First, the impact of private international law is examined, as the national rules that govern the applicable rules on loss and acquisition of ownership differ considerably. This chapter argues that the law of the country from which […]
Riccard Fornasari, ‘The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law’
ABSTRACT This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make […]
Thomas Ellis, ‘The Rise, Fall, and Resurrection of the Alien Tort Statute’
INTRODUCTION … This Comment explores the origin, purpose, reach, and Limitations of the ATS. The analysis begins with the Constitution and the original text of the ATS within Section 9 of the Judiciary Act of 1789, then moves to the application of the ATS in the modern world and concludes with how the ATS may […]
Krippner and Flores, ‘Toward a Sociology of Contract’
ABSTRACT Economic sociology has neglected contract as an institutional foundation for market relations. It has also given inadequate attention to the role of forms of social difference such as race, gender, and sexuality in constituting market exchange. We argue that these omissions share common origins in the status/contract division that figured prominently in nineteenth-century sociological […]
Wu and Zhong, ‘The Equity Market Response to Climate Change Litigation’
ABSTRACT We document a significant decline in defendants’ stock prices after the filing of litigation cases on climate change issues against them in the US. Economically, we document a 0.5% decline on the filing day and a 2.7% cumulative abnormal decline in the eight days following the filing. Cross-sectional analysis shows that the negative response […]
Stacey Lantagne, ‘Goncharov (1973), Internet Folklore, and Corporate Copyright’
ABSTRACT Goncharov (1973) is a meme – an especially rich, complex, collaborative, and mutating one. It revolves around a movie that doesn’t exist: Goncharov, a fictional Martin Scorsese film that the internet decided to collectively pretend had been made in 1973. Over the course of a few feverish weeks in the fall of 2022, a […]