Monthly Archives: May, 2024
Farah, Kunuji and Kent, ‘Civil Liability Under Sustainability Due Diligence Legislation: A Quiet Revolution?’
INTRODUCTION Despite the growing recognition of human rights and environmental considerations in the context of corporate governance and responsibilities, the dismal performance of businesses in this area has continued to be a source of concern. A new wave of sustainability due diligence legislation – culminating with the legislation of the EU proposed Corporate Sustainability Due […]
Jessica Lai, ‘Breaking Binaries and Converting the Converted: Tort Law and the “Intangible”’
ABSTRACT Property law has been developed around a tangible/intangible binary with ‘things’ being either choses in possession or choses in action. This article argues that the advance of digital technologies challenges the validity of this binary, and that the law must break down the binary to develop in a logical manner. Lai, Jessica C, Breaking […]
‘Just Unjust Enrichment’
Maytal Gilboa, Yotam Kaplan and Roee Sarel, ‘Climate Change as Unjust Enrichment’, Georgetown Law Journal (forthcoming), available at SSRN (6 July 2023). When considering the essence of law, it becomes evident that its fundamental purpose is to safeguard our safety and well-being. However, amidst the many challenges facing humanity, the law has fallen short in […]
‘Shifting the Paradigm in Private Law Theory’
David Blankfein-Tabachnick and Kevin A Kordana, ‘On Rawlsian Contractualism and the Private Law’, 108 Virginia Law Review 1657 (2022). In ‘On Rawlsian Contractualism and the Private Law’, David Blankfein-Tabachnick and Kevin Kordana, Professors at Michigan State and Virginia Law Schools, respectively, argue that we are witnessing a fundamental shift in the way that legal scholars […]
Baharad, Benjamin and Guttel, ‘Anti-Patents’
ABSTRACT Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the ‘injurer-innovator problem’. Patent law incentivizes […]
Juan Diaz-Granados, ‘“Standard Jural Relations of Ownership”: A Novel Theoretical Framework Informed by Wesley Hohfeld and Tony Honoré’
ABSTRACT Wesley Newcomb Hohfeld and Tony Honoré’s contributions are foundational to the ‘bundle of rights’ perception of property, the prevailing understanding of proprietary legal relationships in the common law legal tradition. Although Hohfeld and Honoré’s influential works have been conflated in this perception, a comprehensive analysis of how these frameworks interact and complement each other […]
Levmore and Verstein, ‘Sharing where Bargains are Impossible’
ABSTRACT Cooperation sometimes breaks down, and former teammates will disagree about what happens next. For example, when can an employee quit to join a competitor? Courts often resolve disputes by looking at the parties actual or hypothetical bargain. Thus, a court may ask whether there was a non-competition agreement (and whether it was reasonable), or […]
‘Crimheritance Law?’
Kevin Bennardo and Mark Glover, ‘Crimes Against Probate’, 75 Florida Law Review 357 (2023). We stand at the precipice of a major transfer of wealth: in the coming years, trillions of dollars will pass through the inheritance system to the next generation from millions of decedents. Potential beneficiaries may be tempted to engage in wrongdoing […]
Martin Senftleben, ‘Developing Defences for Fashion Upcycling in EU Trademark Law’
ABSTRACT Trademarked fashion items pose a particular obstacle to reuse projects in the circular economy. By granting broad exclusive rights, EU trademark law exposes sustainable reuse practices, such as upcycling, to allegations of infringement ranging from (post-sale) confusion to blurring, tarnishment and unfair freeriding. Against that background, this analysis explores strategies to assure fashion re-users […]
‘New Empirical Study on CISG Litigation’
There are a number of empirical studies about the United Nations Convention on Contracts for the International Sale of Goods (CISG). A recent intervention by Carolina Arlota and Brian McCall, ‘When Federal Law Goes Unnoticed: Assessing the CISG’s Applicability Across US Courts Based on an Empirical Research of Decisions from 1988 to 2020’, in the […]