Monthly Archives: July, 2024
de Rassenfosse, Jaffe and Waldfogel, ‘Intellectual Property and Creative Machines’
ABSTRACT The arrival of creative machines – software capable of producing human-like creative content – has triggered a series of legal challenges about intellectual property. The outcome of these legal challenges will shape the future of the creative industry in ways that could enhance or jeopardize welfare. Policymakers are already tasked with creating regulations for […]
Rudra Pratap Singh Sengar, ‘Corporate Governance in India: Issues and Importance’
ABSTRACT Corporate governance includes everything that is done to give its citizens a good quality of life. With the fast pace of change in the business world and the creation of new rules by ‘international’ organizations. The concept of Corporate Governance (CG) has been introduced and given a boost. Corporate governance sets the basic values […]
Schwizer, Cosma and Nobile, ‘Risk Culture and Sustainability’
ABSTRACT The Chapter focuses on environmental sustainability and provides a better understanding of the corporate governance levers that can direct behaviours towards environmental goals. We explore the relationship between risk culture and board members’ intention to adopt pro-environment strategies (PES) through individual beliefs. These factors, according to Ajzen’s theory of planned behaviour (ATPB), refer to […]
‘The Public Interest, Law, and Regulation: Clear, Consistent, and Coherent Relationships?’
Widely in legal education, research, and practice, and across different areas of legal jurisdiction, law is a discipline that is characterised by its sharp division into sub-disciplines. With this division comes super-specialisation. That specialisation has the effect of inviting in-depth focus on discrete areas of law and regulation, without claims to expertise or application across […]
‘Impact of sanctions on payment obligations – Take II’
Last year we covered the High Court’s judgment about the interplay between sanctions and contractual payment obligations in Celestial Aviation v UniCredit. The Court of Appeal has now reversed several important aspects of that judgment … (more) [Philip Carstairs and Jason Rix, A&O Shearman, 1 July 2024]
Igor Wysocki, ‘Blackmail, Unproductive Exchanges, Fraud, and the Libertarian Theory of Voluntariness’
ABSTRACT The main purpose of this paper is to rationally reconstruct Nozick’s account of unproductivity, especially vis-à-vis his characteristically libertarian, and hence uncompromising, ban on fraud. We posit that, when Nozick’s theory is interpreted charitably, it does not yield to contradictory prescriptions concerning permissibility. That is, there does not have to be any inconsistency in […]
Wanjiru Njoya, ‘You Stole Our Land: Common Law, Private Property, and Rothbardian Principles of Justice’
ABSTRACT Demands for justice based on allegations that ‘you stole our land’ seem to evolve interminably without resolution. In responding to these demands it seems trite to observe that the law must not let the violation of rights go without a remedy, but how should property law resolve cases of wrongful acquisition arising from historical […]
Simon Sun, ‘Sticks and Stones: A Three-Pronged Approach to Redressing Racial Discrimination through Tort Law’
INTRODUCTION Ireland’s equality laws are primarily imposed by the Equal Status Acts (ESA) and the Employment Equality Acts (EEA), which despite being heralded as progressive two decades ago, have since faltered in a pandemic that has exacerbated many of the inequalities in Irish society. In particular, the legislation fails to address intersectional discrimination by requiring […]
Beswick and Zapach, ‘The Open Casebook Revolution’
ABSTRACT The open-access casebook revolution is gaining momentum. Open casebooks are compiled and edited teaching materials, typically hosted as webpages and available as downloadable, searchable, printable, mark-up-able documents. In the United States, dozens of open casebooks can be found on platforms such as eLangdell, H2O Open Casebook, Open Textbook Library and SSRN. Outside of the […]
Guzman Rodriguez Carrau, ‘So Delaware, Shouldn’t We Believe in Magic After All? Non-Reliance Clauses, Movie Scripts and the Sound of Silence’
ABSTRACT This article deals with extra-contractual fraud under Delaware law. The paper first develops a principled interpretation of the Abry Partners decision, proposing that such interpretation is to be preferred to the standard interpretation of Abry Partners. Secondly, the paper discusses how Delaware has taken a formalistic approach when examining non-reliance clauses and proposes how […]