Monthly Archives: January, 2025
Thijs and Verbeke, ‘Default property rules for same-gender marriages: equivalence over equality?’
ABSTRACT More and more jurisdictions accept that marriage should be open for all couples, both different and same gender. While this identical application of marriage as an institution is not open for debate, differences between same-gender couples and different-gender couples may have some value as to the precise content of marital property rules. Existing research […]
‘Marcus v Marcus: can a non-biological child be “a child of the settlor”?’
In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words ‘the children and remoter issue of the Settlor’ in a settlement meant the two adult sons of the settlor, even though (unbeknownst to the settlor during his lifetime) one of his sons was not biologically his child. The […]
Anatoliy Lytvynenko, ‘Recovery of Damages for Mental Anguish Relating to Death Grief: the Jurisprudence of Certain Common Law Jurisdictions’
ABSTRACT Courts in Common Law jurisdictions usually did not grant the recovery of damages for mental suffering unaccompanied with a physical injury or other wrong until the late 19th century. However, the given maxim changed when American courts allowed recovering damages for mental suffering in cases of improper delivery (or non-delivery) of telegraph messages, which […]
Daniel Susser, ‘Exploitation in the Platform Age’
ABSTRACT In this chapter I consider a common refrain among critics of digital platforms: big tech ‘exploits’ us. It gives voice to a shared sense that technology firms are somehow mistreating people – taking advantage of us, extracting from us – in a way that other data-driven harms, such as surveillance and algorithmic bias, fail […]
Alfred Chueh-Chin Yen, ‘The Evidentiary Use and Misuse of Forensic Musicology in Copyright Litigation’
ABSTRACT This Article examines the use of testimony from expert forensic musicologists in music copyright infringement cases. It concludes that courts presently misuse such testimony in ways that confuse juries and violate the Federal Rules of Evidence. This does not mean that forensic musicologists should not testify in music copyright cases. Musicologists have ample training […]
Shyamkrishna Balganesh, ‘Interactional Ordering: Reconstructing Lon Fuller’s Theory of Private Law’
ABSTRACT While Lon Fuller is best remembered for his contributions to the fields of general jurisprudence and contract law, his work in each has long been seen as unrelated to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed the outlines […]
Marc van Opijnen, ‘The GDPR and the Reuse of Published Court Decisions; Some Pressing Questions, Illustrated by Developments in The Netherlands’
ABSTRACT Because courts are supposed to settle legal disputes, court decisions contain numerous direct and indirect personal data of all people that are (intentionally, unintentionally or professionally) party to the case at hand. As long as these data are processed for the goal they were collected for the adjudication of conflicts such processing can considered […]
Roy Baharad, ‘The Uneasy Case for Copyright Disgorgement’
ABSTRACT Along with lost profits damages that are designed to put copyright owners in the position they would have occupied in the absence of infringement, copyright law entitles rightsholders to seek disgorgement of any additional profits elicited by infringers. The disgorgement remedy is designed to infuse principles of unjust enrichment into copyright doctrine, allowing owners […]
Oz Shy, ‘Whistleblowers and Product Safety’
ABSTRACT I analyze the economic value of whistleblowers for product safety. Only workers can observe cost-cutting production processes that increase the likelihood of defective products that inflict damage to the buyer. The possible emergence of whistleblowers incentivize the manufacturer to avoid cost-cutting production if the regulator reacts and forces the manufacturer to reproduce. This incentive […]
‘Re-designing rights to terminate on reasonable notice’
In Zaha Hadid Ltd v The Zaha Hadid Foundation, the High Court confirmed that agreements of indefinite duration would not necessarily be interpreted to include bilateral termination rights and that the absence of such rights did not mean the relevant agreements operated in restraint of trade … (more) [A&O Shearman, 7 January 2025]