Monthly Archives: January, 2025
Daniel Newman, ‘Access to justice policy: legal aid in post-war UK general election manifestos’
ABSTRACT This paper explores access to justice policy in England and Wales. This is achieved through a legal history approach analysing the treatment of, an important element of such policy, legal aid in UK general election manifestos. The paper covers the period from 1945, with the creation of the welfare state and the introduction of […]
‘Contract terms, certainty and reasonable endeavours clauses’
Melody Hadfield considers the High Court’s decision in Salem v Salem and the enforceability of ‘reasonable endeavours’ clauses. In Salem and Another v Salem and Others [2024] EWHC 3311, a clause requiring the parties to use ‘reasonable endeavours’ to agree a process for an expert determination was deemed unenforceable. The clause was contained in a […]
‘Debunking the Market-Based Myths of Boilerplate’
Andrea Boyack, ‘Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights’, 110 Iowa Law Review 497 (2025). Andrea Boyack’s article, ‘Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights’, examines ‘problematic’ provisions in consumer contracts and may be viewed as a companion piece to her previous article, ‘The Shape of Consumer Contracts’ which is more […]
Simon and Goold, ‘IP’s Pluralism Puzzle’
ABSTRACT At the core of intellectual property (IP) law lies a fundamental question of political philosophy: can any argument justify the state’s grant of private property rights in intangibles? Scholars answering this question frequently resort to a single theory or value, such as efficiency, natural rights, or personality. But each justification offered faces substantial objections. […]
Cressida Auckland, ‘Reforming Testamentary Capacity: The Problem of Disorder’
ABSTRACT After many delays, the Law Commission is due to publish its final report on the law governing wills in early 2025. In it, it is expected that it will propose amendments to the test for testamentary capacity, in order to bring it in line with the test for capacity under the Mental Capacity Act […]
Sayed Md Shafayat, ‘Environmental Tort Regime Under the Environment Court Act 2010 in Bangladesh: A Critical Review’
ABSTRACT The environmental tort regime in Bangladesh, as outlined by the Environment Court Act 2010, plays a vital role in holding polluters accountable for the harm they cause to both the environment and individuals. Despite the Act’s commitment to addressing environmental issues, a significant gap remains in the provision of effective redress mechanisms, resulting in […]
Elena Sebyakina, ‘Privacy Legal Relationships’
ABSTRACT This work is aimed at initiating of discussion on general theory of privacy law. This article suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal […]
Mark Bartholomew, ‘Navigating Trademark Law’s Empirical Turn’
ABSTRACT From neuroscience to linguistic databases to artificial intelligence, new technologies point to a potential sea change in our understanding of the consumer. The point of this Article is to sound a note of caution about enhanced empirical insight into shoppers’ minds. A completely empirical approach to trademark law would be undesirable, but so would […]
Blake Watson, ‘Presidents and Property Law’
ABSTRACT This article matches five presidents with five topics of property law: (1) Thomas Jefferson and the fee tail, (2) James Polk and the rule against perpetuities, (3) Abraham Lincoln and deed covenants, (4) Benjamin Harrison and the Takings Clause, and (5) Donald Trump and liquidated damages. In each instance, these presidents – as legislator, […]
Jane Thomson, ‘Both Sides Now: Common Law Relationships as Status in Canada’
ABSTRACT Much has been written on the idea of marriage as status-like. However, less time has been dedicated to the idea of common law relationships as status. In the decision of Quebec v A, the Supreme Court of Canada was asked whether the exclusion of unmarried couples from Quebec’s division of property and spousal support […]