Monthly Archives: September, 2024
‘Once grappling with SLAPPs, Poland could now be a model for how to fight them’
A 20-year-old activist being sued by a two-billion-euro company for highlighting the environmental impact of its activities. Local journalist facing criminal charges for sending an email with inquiries to a press office of a state owned company. The president of an NGO confronting a private indictment for pointing out that the state is benefiting from […]
Eric Brooks, ‘Rethinking Preliminary Remedies’
ABSTRACT It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like the ‘equities’, ‘public interest’, and ‘irreparable harm’. But that assumption is mostly wrong. The idea behind it is that at the preliminary stage, the merits are too uncertain to give […]
Joseph Schremmer, ‘Subsurface Trespass in the Restatement (Fourth) of Property’
ABSTRACT Building on the scholarly work of leading property theorists Henry Smith and Thomas Merrill, the recently approved Fourth Tentative Draft of the Restatement (Fourth) of Property prescribes treating all entries below ground as ordinary trespasses. That includes entries in the shallow subsurface by tree roots, building foundations, and utility lines, as well as invasions […]
Luca Enriques, ‘Related Party Transactions’
ABSTRACT The chapter provides a legal and policy analysis of transactions between a corporation and one of its ‘related parties’. It first highlights the reasons why related party transactions (‘RPTs’) are so common around the world. Next, it better identifies the phenomenon as a specific form of potentially abusive behavior by dominant shareholders and managers, […]
Chesler and Porter, ‘Contracting for the Company’s Culture’
ABSTRACT Company culture is not a new phenomenon. A company’s culture has always been relevant to employee retention and financial success, but recently its importance cannot be understated. Companies are not immune from the culture wars that divide the United States and countries across the globe. Increasingly, companies have become participants-willingly or not-in a wide […]
Hiroyuki Seshimo, ‘Mandatory Residual Tort Liability Insurance and Compensation Reserves: A Solution to the Judgment-proof Problem’
ABSTRACT I examine compensation reserves under mandatory residual tort liability insurance to solve the judgment-proof problem. This insurance policy covers only the remaining tort liability after compensation by using the entire assets of the company. Under this mandatory insurance scheme, companies raise funds through equity financing to build a compensation reserve that can cover even […]
Felix Pflücke, ‘The Case for Increased Responsibility and Liability of Brands in Social Media Influencer Marketing’
ABSTRACT Within the domain of social media influencer marketing, the issue of brands’ responsibility and liability when commissioning influencers to endorse their products has gained significant attention in recent years. As the use of influencers continues to grow and evolve, it becomes imperative to examine the role of brands in ensuring transparency and compliance with […]
Rachel Leow, ‘Clarifying Mutual Consent’s Role in Agency Law’
ABSTRACT Important cases and academic commentators have suggested that the mutual consent of principal and agent is necessary for actual authority to be conferred on the agent. The chief purpose of this article is to show that this view of mutual consent’s role in agency law is inaccurate and misleading. Its central claim is that […]
Giuliana Perrone, ‘Rehearsals for Reparations’
ABSTRACT This article considers a subset of lawsuits in which emancipated people sued to have their enslavers’ bequests to them honored. It contends that we should see these suits as contests over reparations. By exploring this unappreciated history, this article argues that enslavers themselves believed reparations were due and were willing to pay them, that […]
Asymina Aza, ‘Scores as Decisions? Article 22 GDPR and the Judgment of the CJEU in SCHUFA Holding (Scoring) in the Labour Context’
INTRODUCTION In SCHUFA Holding (Scoring), the Court of Justice of the European Union (‘CJEU’) held that a probability value (such as a score), based on the evaluation of an individual, can breach the provisions of the EU General Data Protection Regulation (‘GDPR’) on automated decisions. Whilst the SCHUFA Case does not explicitly discuss worker’s data […]