Monthly Archives: February, 2025
Lorna Richardson, ‘Error in the Law of Contract: Shaping a Doctrine Fit for the 21st Century’
ABSTRACT This article examines error in the law of contract. For centuries it has been said to be one of the most complex parts of contract law. In the mid twentieth century the Scots law of error was described as being in a ‘state bordering on chaos’ and more recent judicial statements continue to recognise […]
Lupoi and Graziadei, ‘The Historical Context of Saunders v Vautier’
ABSTRACT Anyone approaching the study of the English law of trusts comes across ‘the rule in Saunders v Vautier’, named after the 1841 decision of the Court of Chancery in which it is currently assumed that it was laid down. In its narrowest form, the rule provides that the beneficiary of a trust of shares […]
Tsui and Lam, ‘Knowing receipt, characterisation, and proper law: a persistent duty and the cloak of invisibility’
ABSTRACT The categorisation of knowing receipt remains uncertain in both domestic and private international law contexts, despite efforts by judges and scholars to clarify it. This article argues that knowing receipt is viewed as a breach of a continuing restorative and custodial duty owed to the beneficiary. It explains how these duties arise and outlines […]
Rebecca Stone, ‘Rights, Remedies, and Normative Uncertainty about Justice’
ABSTRACT I develop and defend a novel account of the private law of remedies according to which it is best understood as facilitating deliberations between the parties about the just outcome of their dispute rather than correcting injustice or righting wrongs. According to my democratic conception, the parties are the ones who ideally ought to […]
‘Private Credit’
Jared A Ellias and Elisabeth de Fontenay, ‘The Credit Markets Go Dark’, 134 Yale Law Journal 779 (2025). Corporate governance and corporate finance operate very differently as legal academic topics. With governance, there’s always some new legal development – a Delaware ruling, a provision in a corporate code, or a new SEC regulation. Failing that, […]
Barna Arnold Keserű, ‘Key Concepts on Intellectual Property Rights and Sustainable Development’
ABSTRACT This article explores the intricate relationship between Intellectual Property Rights (IPRs) and Sustainable Development, emphasizing the need for legal frameworks to adapt to global challenges. The author, Barna Arnold Keserű, argues that while human creativity has led to remarkable achievements, it has also caused significant environmental and societal harm. The concept of sustainable development, […]
Shobe and Shobe, ‘Contractual Control in Dual-Class Corporations’
ABSTRACT Founders and other corporate insiders often seek to control the companies they take public. For over a century, they have used high-vote stock to obtain disproportionate control rights, which has resulted in seemingly endless debate among scholars, investors, and regulators. More recently, insider shareholders have used a different mechanism to obtain outsized corporate control […]
Ajunwa and Briscoe, ‘Genetic Privacy’
ABSTRACT The last decade has brought many technological advances to genetic testing. Increasingly, genetic testing, which was previously reserved for clinical or medical settings, has made its way to other spaces. Most significantly, we are now seeing the re-introduction of genetic testing to the workplace. Although the Genetic Information Nondiscrimination Act (GINA), which became law […]
Mark Fenster, ‘Breach Agents: The Legal Liability of Third Parties for the Breach of Reputational NDAs’
ABSTRACT Nondisclosure agreements intended to keep secret information that could harm one or both parties’ reputations have proliferated over the past decade. Many of them have been breached, some quite famously. Does a third party who assists a contracting party in breaching such an agreement — a member of the press or a family member, […]
John Thomas, ‘Liberty and Property in the Patent Law’
ABSTRACT Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more abstract and oriented toward human behavior. We have yet to realize fully the consequences of […]