Monthly Archives: January, 2025
Avihay Dorfman, ‘Tort Theory’
ABSTRACT This introductory chapter outlines the distinctive challenges faced by tort theory, highlighting how these challenges differ from those in other areas of private law, such as contracts and property. The chapter critically examines several influential theories of tort law and then proposes a more compelling framework for understanding what tort law is and why […]
Richard Rak, ‘Anonymisation, Pseudonymisation and Secure Processing Environments Relating to the Secondary Use of Electronic Health Data in the European Health Data Space (EHDS)’
ABSTRACT By establishing a common data governance mechanism across the EU, the Regulation on the European Health Data Space (EHDS) aims to enhance the reuse of electronic health data for secondary use (eg public health, policy-making, scientific research) purposes and realise associated benefits. However, the EHDS requires health data holders to make available vast amount […]
Lee and Fricotté, ‘DAO Token Transferability: Property, Contract, and Technology’
ABSTRACT A Decentralised Autonomous Organisation (DAO) is a new form of digital enterprise that operates on blockchain networks. It enables a new model of collaboration through diverse capital contributions and equitable sharing of benefits and risks. This paper explores the legal dimensions of DAO token transferability, a vital aspect for the expansion of DAO operations. […]
Roberts and Rendleman, ‘Doug Laycock and Creativity in Restitution – The Henrietta Lacks Litigation as a Test Case’
ABSTRACT This Article explores the Henrietta Lacks litigation as a test case for Professor Laycock’s writings and theories on the law of unjust enrichment and restitution remedies. A series of modern lawsuits brought by the Lacks Estate allege that defendant companies continue to make unjust profits with knowledge of the unsavory provenance of the Henrietta […]
Babatunde Sola-Elesin, ‘Examining the Viability of Using Data Protection Laws to Achieve Privacy on Blockchain’
ABSTRACT The relationship between technology and privacy is a complex one, and questions about why and how the law should protect information privacy are not unique to the internet context. The foregoing is true, and the same applies in the context of privacy on blockchain, the advent of blockchain has led to a furore with […]
Gindis and Hodgson, ‘The Legal Nature of the Firm’
ABSTRACT In 2023 The Economist noted that a ‘realistic theory of the firm was in prospect’ in the 1990s but lamented that ‘three decades on, it is no closer’. Indeed, prevailing contractual theories of the firm, inherited from Ronald Coase and others, are unable to account for what Bengt Holmström described as one of the […]
Stojšić Dabetić and Mirković, ‘Digital Property – Specific Issues in the Application of Private International Law Rules’
ABSTRACT Digital property emerges as a new segment of property law, while simultaneously being a consequence of the digitalization of financial intermediation and representing a form of technological innovation that substitutes payment services and investments in the banking and stock markets. Key issues that arise include the choice of governing law, internationally competent courts, and […]
Lucas Clover Alcolea, ‘Why is there “but one common law in Australia”?
ABSTRACT The High Court has repeatedly confirmed that ‘There is but one common law in Australia which is declared by this court as the final court of appeal’ so the fact that ‘Different intermediate appellate courts within that hierarchy may give inconsistent rulings upon questions of common law’ does not mean that ‘there are as […]
Chang, Chilton, Garoupa and Versteeg, ‘Colonial Experiences and Contemporary Laws’
ABSTRACT Although research suggests that countries’ colonial experiences are associated with a range of contemporary outcomes, the link between colonial experiences and the substance of countries’ laws remains unclear. We explore this question while making four improvements over past research. First, we use more detailed data on both countries’ colonial experiences and contemporary substantive laws. […]
Dimitar Stoyanov, ‘The Unexpected Comparison between Lock-Out Agreements and Non-Alienation Clauses’
ABSTRACT The present article traces the legal development of lock-out agreements as a means to fill the legislative gap on pre contractual liability in English law. The essence of this agreement lies in the temporary obligation, assumed by the seller of an object, not to enter into new negotiations and to dismiss existing negotiations with […]