Monthly Archives: November, 2024
Jessie Allen, ‘Property’s More-than-Human Personhood’
ABSTRACT It was international news when New Zealand’s Parliament, in a 2017 settlement of Māori land claims, declared that the Whanganui River ‘is a legal person and has all the rights, powers, duties, and liabilities of a legal person’. Such grants of nonhuman personhood seem peculiar. They contradict a conventional understanding that Western legal doctrine […]
Aryan Mohseni, ‘Knowing Receipt and “Equitable Proprietary Rights”: Byers v Saudi National Bank’
ABSTRACT In Byers v Saudi National Bank, the Supreme Court of the United Kingdom delivered judgment in perhaps the last episode in the Akers v Samba saga. While the conclusion might be sound, the path to the conclusion is questionable. The reasoning proves too much, and there is a danger that some labels – particularly […]
Gwyneth Pitt, ‘“The Simple Things You See Are All Complicated”: Thoughts on Deliveroo’
INTRODUCTION Is gigging in the digital economy the ultimate freewheeling, laidback working lifestyle or the worst kind of exploitative casualisation? It would seem, from their many attempts to gain access to a better regulated regime, well documented in the case law, that many gig workers tend to the latter rather than the former view. There […]
Łukasz Jan Korporowicz, ‘Comparative legal teaching in eighteenth-century Oxford: an analysis of Thomas Bever’s Appendix to his lectures’
ABSTRACT In the 1760s and 1770s, Thomas Bever, a once-eminent but today nearly-forgotten English civilian, was delivering a course of lectures devoted to civil law at Oxford. The final part of those lectures, known as the Appendix, was of a different character from the earlier parts. In the Appendix Bever discussed the development of the […]
João Marques Martins, ‘The Impacts of Predictive Justice in Civil Litigation’
ABSTRACT Predictive justice is the informal name for a computer tool equipped with artificial intelligence capable of predicting the outcome of a court case, based on previous decisions on similar cases. As a valuable source of information for lawyers and judges, its usefulness seems unquestionable. But the problems it raises are no less obvious. From […]
Dernbach and Parenteau, ‘Who Pays for Damage from Climate Change?’
ABSTRACT As climate change and its attendant costs accelerate, a pressing issue is who should pay for the costs of disaster response and adaptation. The US Global Change Research Program’s Fifth National Climate Assessment (2023) finds that extreme climate events cost the US nearly $150 billion each year, a calculation that doesn’t account for loss […]
Symposium On Energising Private Law – King’s Law Journal, Volume 35, Issue 2 (2024)
Energising Private Law, Introduction to Symposium (Yotam Kaplan and Yael R Lifshitz) The Public-Private Blur in Clean Energy Siting (Shelley Welton) The UK’s energy crises: A study of market and institutional precarity (Jodi Gardner and Mia Gray) The (Shifting) Audience of Energy Law (Yael R Lifshitz) Public and Private Law for Decarbonisation (Katrina M Wyman) […]
Daniël Jongsma, ‘The thorny issue of IP address retention and online copyright infringement: The Full Court shows the way in La Quadrature du Net and Others’
INTRODUCTION On 30 April 2024, the European Court of Justice (ECJ), sitting as a full Court, delivered a landmark judgment concerning the lawfulness of retention of and access to IP addresses for the purpose of combating online copyright infringement. The decision represents something of a reckoning for the ECJ with some of its earlier rulings, […]
‘New Essay on Anti-Enforcement Injunctions’
In a symposium issue honoring Linda Silberman, the NYU Journal of International Law and Politics has just published an essay that Ralf Michaels and I wrote on anti-enforcement injunctions. In the United States, the best-known example of this type of order is the one entered by the Southern District of New York in the infamous […]
Dinkel and Lingwall, ‘Legal Origin and Emulation of Trade Secret Protections: A Cross-National Empirical Study’
ABSTRACT Why do countries enact stronger legal protections for trade secrets? Existing research on other types of intellectual property (IP) rights suggests at least three potential mechanisms. First, more powerful countries, such as the United States, coerce other countries into implementing stronger IP rights by threatening to enact trade sanctions against them. Second, countries agree […]