Monthly Archives: December, 2024
Ewan McGaughey, ‘Enterprise law and the eclipse of corporate law’
INTRODUCTION ‘The company’, argued Gower and Davies: Principles of Modern Company Law in 2003, ‘is a dominant institution in our society, and all the more so with the retreat in recent decades of the government-owned or public sector of the economy’. To the extent that this was true, ‘the company’ has been a spectacular failure. […]
Stephen Crosswell, ‘The Common Law and Adam Smith’s Wealth of Nations’
ABSTRACT Adam Smith developed a theory of the ‘four-stage’ advancement of society as England was entering the Industrial Revolution (the fourth stage) and becoming the leading commercial centre in the world. That transition was raising new and novel legal issues that required legal solutions more complex than the earlier three stages in human advancement, as […]
‘Arbitration Enforcement and Consent’
This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd v Antrix Corp Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the […]
Kerry Sun, ‘Trespass, Campus Encampments, and the Charter’
ABSTRACT This article comments on the Ontario Superior Court’s decision granting an injunction to evict a pro-Palestinian encampment from the University of Toronto campus. Prior to the ruling, some commentators attempted to interpose the Charter into the encampment disputes, contending that it applied to universities and suggesting it would alter the outcome of a trespass […]
Paul Szynol, ‘Copyright and the Myth of Creativity’
ABSTRACT Since the Supreme Court’s 1991 Feist opinion, courts have looked for originality – defined for copyright purposes as independent creation and creativity – as a requirement for copyright protection. This Article argues that, as applied, copyright’s creativity requirement ends up protecting works that aren’t creative at all. Courts consistently conflate creativity with discretion and […]
Wilkinson-Ryan, Hoffman and Campbell, ‘Contracts for Everyone’
ABSTRACT The architects of American contract law – judges, lawyers, regulators and academics – know a lot about what litigated deals look like, but almost nothing about the contracting of ordinary people. This Article offers a wide-ranging empirical account of how non-elites interact with commercial law. It catalogs contract experiences and attitudes with an in-depth […]
Akkermans and Fox O’Mahony, ‘Resilient property, climate change and the decision in Verein KlimaSeniorinnen Schweiz v Switzerland’
ABSTRACT ‘Climate change’ decisions have opened up important questions for property lawyers in relation to the role of property law – and more specifically land law – in exacerbating or mitigating climate and ecological harms. Environmental and ecological sustainability, anthropogenic change and actions to advance the UN’s Sustainable Development Goals (SDGs) depend on material land […]
David Wilde, ‘Collections for individuals generating surpluses – presumed gift; resulting trust; or bona vacantia?’
ABSTRACT This article argues that where collections for individuals, to benefit them in a particular way (eg paying for surgery), leave a surplus, there is a presumption the surplus is theirs by way of gift. It examines the interaction between this presumption and the law of resulting trusts and bona vacantia. € (Westlaw) David Wilde, […]
‘Shaping Contracts for Work: The Normative Influence of Terms Implied by Law’
Shaping Contracts for Work: The Normative Influence of Terms Implied by Law by Gabrielle Golding [Oxford: Oxford University Press, 2023, xxv + 230 pp, ISBN 9780192867827]. In Shaping Contracts for Work, Gabrielle Golding has produced a monograph that focuses front and centre on the rationale(s) for, scope, content and duration of obligations imposed on employers […]
Gilat Juli Bachar, ‘Informed Bystanders’ Duty to Warn’
ABSTRACT Should bystanders with credible knowledge about prospective harm owe a duty of care to future victims? This urgent question comes up in various contexts, from former employers who withhold information about a serial harasser to data brokers who are silent about stalkers that track personal information. Under established common law, the ‘No Duty to […]