Monthly Archives: July, 2024
Works in Progress Workshop: Faculty of Laws, University College London, 3 September 2024
Confirmed speakers include and draft titles are: Sam Beswick (‘The Defence of Public Necessity’), Vicki Evans (‘Defective buildings can be such a nuisance!’), Ciara Kennefick (‘The duty to disclose defects in title: English contract law in a French mirror’), and Charles Mitchell (‘Knowing Receipt: Doctrinal Puzzles and Justificatory Projects’). Registration will open at 10am, with […]
‘Postdoc fellowships in Global History and Governance at the Scuola Superiore Meridionale’
The Scuola Superiore Meridionale, Naples (Italy), invites applications for four 1-year (renewable for up to 3 years) postdoc fellowships in Global History and Governance for the academic year 2025-2026. The program in Global Histories and Governance focuses on the comparisons, connections, and processes of globalization that have characterized different areas of the planet between the […]
Stasys Drazdauskas, ‘Intention to be Bound when Forming Contracts by Automated Means’
ABSTRACT The progress of automation is bringing back doubts in legal research about whether a party should be bound by the steps taken through automated systems used in contract formation. In response to these doubts, the article presents a critique of the so-called ‘separation’ theories, based on the arguments of the asynchrony of the will […]
Garry Gabison, ‘The Soul of Inventorship in the Patent System’
ABSTRACT The human inventorship requirement in patent applications has its origin in mercantilism: governments around Europe were trying to attract the best craftsmen to their jurisdiction through the promise of exclusivity on their inventions; so, the patents were personal and required the inventor to be in residence in the jurisdiction to exercise such rights. While […]
SI Strong, ‘Conflict of Laws and Trust Arbitration: Which Law Controls the Availability and Scope of Arbitration?’
ABSTRACT Trust arbitration-meaning the arbitration of disputes ‘internal’ to the trust pursuant to an arbitration provision found in the trust itself is becoming increasingly popular around the world. However, laws authorizing such procedures can vary significantly across jurisdictional lines, giving rise to a variety of conflict of laws concerns. Perhaps the most challenging issue involves […]
‘Digital assets as personal property’ – supplemental report and draft legislation (Commission for England and Wales)
The Law Commission of England and Wales has today published a supplemental report and draft Bill that, if implemented, would confirm the existence of a third category of personal property into which certain digital and other assets could fall. The Commission’s digital assets report in June 2023 concluded that certain digital assets, including crypto-tokens and […]
Call for Abstracts – Consumer Law Scholars Conference, Berkeley Center for Consumer Law & Economic Justice, 6-7 March 2025
Everyone – regardless of previous participation – is encouraged to submit their abstracts for consideration. However, please note that it is CLSC policy to prioritize authors whose work was not presented the preceding year. We welcome doctrinal, theoretical, and empirical approaches. Potential topics include the full breadth of issues involving consumers in the marketplace: common […]
‘An overpayment into your bank account is not money for nothing; an overactive ATM does not dispense free money’
Much and all as it is fashionable to complain about Google now, sometimes the algorithm gets it just right. Over the weekend, my feed served me this headline: ‘Man who was accidentally paid 330 times his salary quits and disappears’ (Unilad, 19 July 2024). Perhaps it is not my usual sort of news source, but […]
Smith and Gracheva, ‘Is Fiduciary Loyalty Really Loyalty?’
ABSTRACT Loyalty resides at the core of fiduciary law, but scholars do not agree whether the legal understanding of loyalty (‘fiduciary loyalty’) is informed by non-legal ideas about loyalty (‘ordinary loyalty’). This Article addresses this disagreement empirically using corpus linguistics, a methodology for investigating language usage in systematic collections of texts called ‘corpora’, and concludes […]
Katrina Wyman, ‘Public and Private Law for Decarbonisation’
INTRODUCTION For a long time, policymakers and scholars have recognised that individuals and firms, as well as governments, must act to limit climate change. For example, in a well-known 2009 working paper for the World Bank, the late Nobel Laureate Elinor Ostrom argued for a polycentric, rather than a singularly global, approach to limiting climate […]