Monthly Archives: February, 2025
Michael Crawford, ‘The Tort of Nuisance: From the Outside Looking in’
ABSTRACT It is central to the exclusion paradigm of property law that visual intrusions, however unpleasant, cannot amount to actionable wrongs. This proposition is best captured by Lord Camden CJ’s famous dictum that, ‘the eye cannot by the laws of England be guilty of a trespass’. This settled understanding has been upended by the recent […]
Michelle Gordon, ‘Corporate Governance: Big Ideas and Debates?’
ABSTRACT Traditional conceptions of corporate governance are being challenged by recent events and debates in and outside Australia. Developments such as the Business Roundtable’s 2019 restatement of corporate purpose, the World Economic Forum’s Davos Manifesto as well as the ways in which companies and their directors are expected to identify, supervise, manage, and disclose environmental, […]
Vincent Goding, ‘Directors’ Duties, CSR and the Jobkeeper Wage Subsidy Scheme’
ABSTRACT This article contributes to the ongoing debate regarding the construction of directors’ duties to act in the best interests of the corporation and their relationship to corporate social responsibility (‘CSR’) and related concepts. It begins by revisiting the neoliberal ideas underpinning the nexus of contracts theory of the corporation as the root of shareholder […]
Ryan and Chambers Armstrong, ‘Buying Time’
ABSTRACT With more than 2.7 million households in the United States facing eviction each year, eviction has reached a crisis level. The consequences of eviction are considerable, both in terms of private and social cost. For tenants, eviction carries far-reaching negative effects on nearly all measures of wellbeing, including future health, earnings, and housing. The […]
Almada and Petit, ‘The EU AI Act: Between the Rock of Product Safety and the Hard Place of Fundamental Rights’
ABSTRACT The European Union (EU) Artificial Intelligence Act (the AI Act) sets out a hybrid regulatory framework. The AI Act combines two classic traditions of EU law, namely product safety and fundamental rights protection. However, the proposed combination can fail if it does not account for the structural differences between the two legal traditions. This […]
Peter Candy, ‘What was the Actio Oneris Aversi?’
ABSTRACT D.19.2.31 contains a reply to a question of law attributed to the late-Republican jurist P Alfenus Varus. Several people had delivered grain to a carrier which was shot into a common pile in the hold of his ship. Subsequently the carrier returned a share of the grain to one of them before the ship […]
Thierry Kirat, ‘Legal Theory in John R Commons’ Legal Foundations of Capitalism’
ABSTRACT Commons occupies a special position in institutionalism for his commitment to understanding the legal embedding of American capitalism and the relationship between the legal and economic orders. The article analyzes Commons’ approach to law and characterizes his levels of analysis. Commons, notably in Legal Foundations of Capitalism, read certain legal writings from which he […]
Matthew Salavitch, ‘The Role of Private Liability in the Fight Against Climate Change’
ABSTRACT Parties have increasingly turned to courts both to seek redress for current climate-related harms and to compel states and private actors to reduce their future GHG emissions. As a result, courts around the world have been faced with the task of defining the proper role of the judiciary in fighting climate change. In the […]
Kodama, Kambayashi and Izumi, ‘Non-Compete Agreements: Human Capital Investments or Compensated Wages?’
ABSTRACT Non-Compete Agreements (NCAs) restrict workers from joining or forming rival companies, which impacts labor market dynamics. Theoretical perspectives on NCAs are varied: they can lead to increased employer investment and higher wages by reducing labor turnover, or they might simply raise wages to compensate for the restriction on workers’ post-employment choices. Alternatively, NCAs could […]
Lai and Sin, ‘Intention and Quistclose trusts in the Hong Kong Court of Final Appeal: a disguised departure from the orthodoxy?’
The irony behind a simple definition of ‘[t]rusts for the transfer of money or other property for a specified purpose’ is that, in continuing to name them after Barclays Bank v Quistclose Investments, the doctrine seems to be as elusive as ever. In China Life Trustees v China Energy Reserve and Chemicals Group Overseas Company, […]