Monthly Archives: January, 2025
‘Revisiting the Public/Private Divide: Corporations, Legal Education and the Common Good in a Globalized World’, Sundhya Pahuja, Queen’s University Belfast, 4 February 2025
This lecture reflects on the enduring division between public and private international law within legal education and its broader implications for society’s prosperity and well-being. It examines how this division, rooted in historical legacies of empire, shapes our understanding of the role of law in governing relationships between states, corporations, and individuals. By exploring the […]
Edward Janger, ‘Enterprise, Liability, and Insolvency: An Essay in Honor of Aaron Twerski’
ABSTRACT Modern tort law links concepts of duty, duty of care, causation, and compensatory damages in a manner that, it is hoped, simultaneously communicates moral suasion, redresses wrongs, and incentivizes ‘reasonable’ socially appropriate behavior. Deterrence and corrective justice differ fiercely about the scope of and rationale for liability, but both assume that tortfeasors are good […]
Gareth Davies, ‘Consent or Pay: Transforming Internet Users from Products into Customers’
ABSTRACT The recognition in Meta that consent-or-pay models for online services are in principle lawful has caused concern that data protection and privacy are now only available to those who pay, whereas they should be fundamental rights. There is considerable attachment among lawyers to the pre-Meta idea that whether not personal data is provided should […]
Williams Iheme, ‘Defects of English Rules of Contractual Interpretation and Their Challenges for African Businesses’
ABSTRACT The Law Society of England and Wales, as well as English politicians and judges, claim that English (contract) law is admirable, settled and predictable, and non-English legal systems are ‘laxer systems’ whose judges are not as exceptionally knowledgeable as English judges. These claims of legal superiority attract foreign litigants such as African businesspeople to […]
Smith and Popovici, ‘equity is not Equity’
ABSTRACT Like many before us, we will use ‘Equity’ to refer to Maitland’s Equity: the body of rules administered by the Chancery. By contrast, we use ‘equity’ to refer to the correction of the law in the furtherance of justice. Many jurists in the common law tradition equate Equity with equity: they may unconsciously assume […]
Rafał Mańko, ‘Towards an Ideological History of Private Law or What Legal History Can Gain from Critical Legal Theory’
ABSTRACT The aim of the present chapter is to enquire about the relationship between ideology and private law, with particular reference to the historical dimension of private law. From a methodological perspective, the present paper should be seen as a metamethodological intervention, grounded in critical legal theory, aimed at proposing certain broad research questions at […]
Mwakisoma and Ma, ‘Tortious Liability for Autonomous Marine Vehicles Collisions: A Suggestive Move from Fault-Based to Strict Liability’
ABSTRACT The integration of Autonomous Marine Vehicles (AMVs) into maritime operations raises critical questions regarding tortious liability in collision scenarios. This paper examines the limitations of the traditional fault-based liability framework when applied to AMVs, given their autonomous nature. In response to the challenges of attributing fault without human involvement, the paper proposes a paradigm […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
Overheul, van den Bos and Rijnhout, ‘Reactions to no-fault compensation schemes for occupational diseases in the Netherlands: the role of perceived procedural justice, outcome concerns and trust in authorities’
ABSTRACT Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants […]
Jennifer Jenkins, ‘Mickey, Disney, and the Public Domain: A Ninety-Five-Year Love Triangle’
On January 1, 2024, after almost a century of copyright protection, Mickey Mouse, or at least a version of Mickey Mouse, will enter the United States public domain. The first movies in which the iconic mouse appeared – Steamboat Willie and the silent version of Plane Crazy – were made in 1928, and works from […]