Monthly Archives: September, 2024
Enriques, Romano and Tuch, ‘Green Gatekeepers’
ABSTRACT Products are routinely labeled ‘carbon neutral’, ‘recycled’, ‘biodegradable’, ‘ocean-friendly’, and ‘sustainable’. Bonds are marketed as ‘green’ and mutual funds as ‘ESG’, while firms may pledge to become ‘net zero’. But are statements concerning environmental qualities reliable? It is often hard for consumers and investors to tell. Environmental qualities tend to have credence attributes; they […]
Tanya Monestier, ‘Amazon’s Dirty Little Secret’
ABSTRACT You need new earbuds because one of yours just went missing. You log onto Amazon and scroll through the endless array of options. You finally select a pair ‘Sold by’ Amazon and click ‘Buy Now’. Amazon promises to have the earbuds to you tomorrow. Have you ever wondered how it’s possible for Amazon to […]
Ardavan Arzandeh, ‘Interpreting Multiple Dispute-Resolution Clauses in Cross-Border Contracts’
ABSTRACT Cross-border contracts often contain a clause which purports to reflect the parties’ intention regarding how disputes arising from their agreement should be resolved. Some such contracts might feature a ‘jurisdiction clause’, thus signifying the parties’ wish to subject their disputes to litigation before the courts in a specific state. Others may include an ‘arbitration […]
‘A short history of the Copyright Wars’
In a previous post we provided the background of what some call the Copyright Wars, delineating the sides and the parties. While legal conflicts about copyright have been raging since its inception, this post will only cover the modern conflicts that arose after the Internet came into being. This short narrative is centred around online […]
‘Surge in NHS clinical negligence claims raises concerns over quality of care, Darzi Report finds’
The increasing rate of clinical negligence claims is indicative of the poor state of the NHS in England, a damning government-commissioned review has concluded. Today’s report by surgeon and Labour former minister Lord Darzi includes a section devoted to clinical negligence and the worrying rise in claims, particularly in obstetrics … (more) [John Hyde, Law […]
John (Ching Jack) Choi, ‘Postponing the inexplicable: “retrospective” mistakes of law’
ABSTRACT This article examines how s 32(1)(c) of the Limitation Act 1980 applies to restitutionary claims founded on ‘retrospective’ mistakes of law. Criticising the test in Test Claimants in the FII Group Litigation v HMRC (No 2), it presents a model which confines s 32(1)(c) to ‘ordinary’ mistakes of law. € (Westlaw) John (Ching Jack) […]
Adam Shaw-Mellors, ‘“Reasonable endeavours” obligations in force majeure clauses’
ABSTRACT This article considers, and welcomes, the decision of the Supreme Court in RTI Ltd v MUR Shipping BV that an obligation to exercise reasonable endeavours in a force majeure clause does not impose a requirement to accept an offer of non-contractual performance. € (Westlaw) Adam Shaw-Mellors, ‘“Reasonable endeavours” obligations in force majeure clauses’, [2024] […]
Clopton and Shoked, ‘Suing Cities’
ABSTRACT Our biggest social problems tend to manifest themselves in small ways-on the streets where they affect people’s daily lives. Local governments, who govern the streets and thereby are closest to the people, often find themselves on the front lines of combatting those problems. Accordingly, local governments are now promoting reforms to address climate change […]
Alexander Lemann, ‘The Opioid Litigation’s Challenge for Tort Theory’
ABSTRACT Tort litigation related to the opioid crisis has spanned several decades and led to tens of billions of dollars in liability. While several important opioid cases remain pending in various stages of litigation, it is now possible to sketch a basic outline of the results: individual plaintiffs sued opioid manufacturers on a variety of […]
Kristelia García, ‘Selective Enforcement’
ABSTRACT Private rights holders frequently engage in selective enforcement-that is, they elect to enforce against some wrongdoers, and not to enforce against others, under different, or even under similar, circumstances. The conventional wisdom assumes that when we observe enforcement, there has been an economic loss, whereas when we observe nonenforcement, there either hasn’t been an […]