Monthly Archives: September, 2024
Madeleine Gyory, ‘The Reasonable Pregnant Worker’
ABSTRACT Pregnant workers often need changes to their work responsibilities to stay healthy during pregnancy while earning a needed paycheck. Congress passed the Pregnant Workers Fairness Act (PWFA) in December 2022, entitling many workers for the first time to ‘reasonable accommodations’ for their pregnancy, childbirth, and related medical conditions, so long as they do not […]
‘Copyright balance, technological protection measures, and fair use’
In a previous post, I examined the judgment of Roy J in the the Federal Court of Canada in 1395804 Ontario Ltd (Blacklock’s Reporter) v Canada (Attorney General) 2024 FC 829 (CanLII) (31 May 2024) [Blacklock’s Reporter], effectively holding that technological protection measures cannot defeat users seeking to rely on the exceptions provided in the […]
‘Scottish Legal History Group: Annual General Meeting and Conference, 5th October 2024’
The Annual General Meeting of the Scottish Legal History Group will be held in the Reading Room of the Faculty of Advocates Library in Edinburgh on Saturday 5th October 2024. There is a full programme of outstanding speakers who will discuss topics ranging from the early mediaeval to the late modern periods … (more) [John […]
Muriel Fabre-Magnan, ‘Constitutional Values and Freedom of Contract’
ABSTRACT The balancing of freedom of contract against fundamental values seems to be a classic subject. It is commonly taught in contract law that fundamental principles may constitute a limit on freedom of contract, and justify infringement of the freedom of choice of the contracting party or, above all, of the freedom to determine the […]
Magdalena Tulibacka, ‘Consumer Justice: Do Europeans Know Something We Do Not?’
INTRODUCTION Consumer justice needs renewed focus. Both the European Union (EU) and the United States offer consumers options to enforce their rights, but these options are not available or viable for all. To address gaps in consumer justice, the EU is following the approach consisting of two closely linked efforts: (1) flexible responses to consumer […]
‘A Scotsman caught young’ – The influences which shaped Lord Mansfield: David Neuberger, Lincoln’s Inn, 22 October 2024
Lord Mansfield (1705-93) is one of the giants of English legal history. He was instrumental in the development of English law, and in particular commercial law, and his decisions over the course of his 32 years as Lord Chief Justice included definitions of fundamental legal principles. His decisions are still regularly cited in cases in […]
Jennifer Hill, ‘Hidden Fallacies in the Agency Theory of the Corporation’
ABSTRACT The agency or ‘nexus of contracts’ model of the firm has been the dominant corporate theory for more than four decades. The classical agency theory of the firm treats the corporation as a fictitious – and purely financial – vehicle, devoid of social connection or responsibilities. The theory also adopts a single-minded focus on […]
Jorge Contreras, ‘True Law as Genre: Narrative Nonfiction and the Law’
ABSTRACT The Genome Defense, which offers a book-length narrative nonfiction account of the civil litigation that led to the elimination of patents on human genes in the United States, is a member of a distinct literary subgenre that I term True Law. Like the older and better-known True Crime genre, True Law narratives blend the […]
Zoran Vuković, ‘Cause (Ground) of Obligation of the Contract on Representation in Sport’
ABSTRACT In the law of the Republic of Serbia, the cause of contractual obligation has the significance of a general assumption of the validity of the contract. It represents an essential condition for the creation and survival of every contract. Accordingly, ‘every contractual obligation must have a permissible cause. The cause is impermissible if it […]
Kurzban, Gallagher, Hill and Jaramillo, ‘Neither Goose Nor Gander: Why Tort Reform Fails All’
ABSTRACT The article cites reasons for the failure of tort reform in Florida. It discusses the proposed goals of the tort reform system and the legislature’s methods to accomplish those goals. Tort reform methods for limiting medical malpractice insurance premium lawsuits include statutory presuit process, the Florida Birth-Related Neurological Injury Compensation Plan, limitation of recovery […]