Monthly Archives: September, 2024
Hariharan and Noorda, ‘Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty’
ABSTRACT There are now a wide range of tools available to monitor employees, boasting sophisticated features like keystroke logging, geolocational tracking, and video surveillance. From a legal perspective, employee monitoring is most commonly analysed in terms of the impact it has on an employee’s control over their information and data ie their ‘informational privacy’. This […]
‘Cryptocurrency, Specific Performance and Damages: Ether you get it or you don’t’
The High Court has upheld a decision to refuse to grant specific performance in respect of a non-payment default under an oral cryptocurrency loan agreement, but questioned whether damages should be calculated from the date of breach or judgment … (more) [A&O Shearman, 6 September 2024]
‘Removing the Scarlet Letter’
Yvette NA Pappoe, ‘The Scarlet Letter “E”: How Tenancy Screening Policies Exacerbate Housing Inequity for Evicted Black Women’, 103 Boston University Law Review 269 (2023). When considering what qualifications a tenant should have to be eligible to lease a unit, landlords often consider tenant screening reports that give an account of a tenant’s income, credit […]
van Eck and Agbeko, ‘The Recognition and Regulation of Smart Contracts in South Africa’
ABSTRACT Our understanding of contracts continues to evolve. Electronic contracts that have typically taken the form of shrink-wrap, click-wrap, web-wrap, scroll-wrap, multi-wrap and sign-in-wrap agreements have undergone further developments with the introduction of automation in electronic contractual engagements and, more recently, the advent of the so-called ‘smart contract’. Different types of smart contracts exist, including […]
Peter Cashman, ‘Civil Liability in Australia for international human rights violations’
INTRODUCTION This research paper examines a number of issues concerning the civil liability of corporations in Australia and in other jurisdictions for international conduct which violates human rights. The issue of corporate accountability and corporate social responsibility is of increasing concern internationally. In 2011, the United Nations Human Rights Council adopted the United Nations Guiding […]
Warren Swain, ‘The Law of Contract and the Land of Lost Content’
ABSTRACT No respectable legal historian would suggest that an analysis of the law should be undertaken without regard to the society in which it operates. Context should not however exclude all other considerations. Various features of the law of contract in quite different societies show lawyers grappling with some problems which, if not identical, are […]
Noah Austin, ‘Resolving Land Use Conflicts Without Zoning’
ABSTRACT This Note presumes the rise of mixed-use development, upzoning, and other deregulatory zoning schemes. It sets aside the question of whether the costs of exclusionary zoning outweigh its benefits to society. And it characterizes the return-of-nuisance problem as something to be mitigated while pursuing land use deregulation, not as a cause for slowing that […]
Elcott and Adler, ‘Art Beyond Copyright’
ABSTRACT This Introduction to our special interdisciplinary issue, ‘Art beyond Copyright’, sets out our call for a new approach to Art Law. Since we conceived of this project over two years ago, our position was and remains, first, that copyright law is irrelevant to the vast multitude of practicing artists and that it stands in […]
Hassan Ahmad, ‘Against Settlement in Transnational Business and Human Rights Litigation’
ABSTRACT In ‘Against Settlement’, Owen Fiss argued that settlement may not always be the optimal result of civil suits, particularly those that involve novel or ambiguous areas of law or ostensible power imbalances. That work spurred a range of scholarship around the merits and demerits of settlement. And although the settlement versus litigation debate is […]
‘Service Dress: Trademark Law’s Secret Third Thing’
Dustin Marlan, ‘Tertium Quid Unveiled: Trade Dress and Service Design’, 58 UC Davis Law Review (forthcoming, 2024/2025), available at SSRN (11 March 2024). In an oft-quoted moment in the Supreme Court’s Wal-Mart v Samara opinion, Justice Scalia articulated three types of trade dress: product packaging, which can be protectable from its earliest use if deemed […]