Monthly Archives: January, 2025
Joseph Lee, ‘Religious Institutions and Personal Injury Compensation Claims for Abuse: The Noteworthy Significance of Insurance’
ABSTRACT Many churches, religious schools, and care institutions have apologised for historical child sexual abuse and committed themselves to reparation and safeguarding. However, recent changes to legislation have resulted in a deluge of tort law claims, civil litigation, and work for lawyers. Religious leaders and devotees today bear the financial burdens of compensating for historical […]
Recently Published: Falconer, Barker and Fell (eds), Life and Death in Private Law
Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession […]
Michael Conklin, ‘Benchmarked for Arbitration: Work Avoidance as an Explanation for Why Judges Have Become Increasingly Favorable Toward Compelled Arbitration’
ABSTRACT The clear trajectory over the last 100 years has been for judges to become increasingly more favorable toward sending disputes to compelled arbitration and enforcing arbitration awards. This results in a modern widespread proliferation of compelled arbitration that has become increasingly controversial. Some have alleged that the steady trend toward courts favoring compelled arbitration […]
Levinson and Pozen, ‘Disconsents’
ABSTRACT Consent is an indispensable standard and organizing principle in any liberal legal order that prizes self-directed autonomy, self-identified preferences, and collective agreement. Yet consent’s capacity to advance those values has become increasingly uncertain in a society beset by power imbalances, information asymmetries, and multiple forms of polarization. In this paper, we document how the […]
Jinxian Chen, ‘Laesio Enormis: Origin and Historical Evolution’
ABSTRACT The rule of laesio enormis allows the disadvantaged party to circumvent the constraints of a legal transaction when being exploited by the other party, serving as a crucial legal device of private law justice. Originating in late antiquity, laesio enormis was initially implemented as a special intervention to protect vulnerable land sellers. In the […]
Giulio Fornaroli, ‘On corrective and distributive requirements: The case of the beneficiary pays principle’
ABSTRACT According to the beneficiary pays principle (BPP), following an injustice that has produced damages, agents that have received benefits from it may incur a duty to redress the victim even if they are not at fault for it. In this paper, I do not offer either a full-blown defense or a refutation of the […]
Róisín Costello, ‘The Test in Kelly v Hennessy and Article 82(1) of the General Data Protection Regulation’
ABSTRACT In this article, I examine the test for recovery of non-material damages in Irish law. I argue that the existing tortious test for the recovery of such damages, established in Kelly v Hennessy, is applicable to such claims. However, it is also argued that several recent decisions have failed to engage, or engage fully, […]
Ronald Brand, ‘The Law(s) of the Arbitration Agreement’
ABSTRACT A recent study by the Law Commission of England and Wales has resulted in proposed amendments to the Arbitration Act 1996 that include a default rule that an arbitration agreement will be governed by the law of England and Wales if the arbitration is seated in that territory. Given the importance of London as […]
‘Buccafusco, Masur, and Varadarajan: Does Trade Secrecy Have an “Information Paradox”?’
One of the key purposes of trade secret law is to address the ‘Arrow information paradox’. The information paradox posits that there is a fundamental challenge in information exchange: It is difficult to assess the value of information without first sharing it, but once the information is shared, it becomes vulnerable to being copied, leaving […]
Anthony Sangiuliano, ‘Paediatricians’ Liability to Patients’ Parents for Negligent Genetic Testing’
ABSTRACT The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in […]