Monthly Archives: March, 2025
David Kershaw, ‘Where is the Care in Caremark?’
ABSTRACT The essence of corporate law lies in its relationship to expertise and its control–empowering experts to further the purposes for which the corporation is formed and providing mechanisms that can control those experts. There is no fixed or optimal balance between the values of expertise and control; corporate law shifts and moves between them, […]
‘Proprietary estoppel and licences: where are we now’
Can a person who expects to be granted a licence, and whose expectation is disappointed, bring a claim in proprietary estoppel? The question is both simple and of obvious practical relevance. For instance, in a recent County Court trial at which the writer represented the defendant, a daughter had sued her elderly mother, inter alia […]
‘Discretioners’
James Toomey, ‘Executor Discretion’, 110 Iowa Law Review (forthcoming, 2025), available at SSRN. I hereby grant my executor the power to alter my will to reflect my most likely recent intent. Notwithstanding the mysteries that can attend multiple aspects of estate planning, some things – such as the precepts that deeds are not wills, revocation is […]
Obligations XI conference open for registration
The Eleventh Biennial Conference on the Law of Obligations, which will be held at will be held at Harvard Law School from July 8-11, 2025 is now open for registration. The conference will be co-hosted by Harvard Law School and Melbourne Law School, and will be co-convened by John Goldberg, Andrew Robertson and Henry Smith. […]
Valerie Gutmann Koch, ‘The Opioid Crisis Meets Genomics’
ABSTRACT The US Food and Drug Administration’s recent approval of the first polygenic risk score test has been met with powerful criticism. The test, AvertD, was approved to assess an individual’s genetic risk of developing opioid use disorder. However, evidence indicates that the test is unreliable, often resulting in false positives and false negatives. And […]
Procaccia and Zamir, ‘The Missing Remedy: Restoration Damages for Dark Patterns and Other Precontractual Manipulations’
ABSTRACT Manipulation in contractual negotiations – whether through deception, undue pressure, marketing ploys, or digital ‘dark patterns’ – undermines bargaining integrity and distorts the terms of the resulting contract. Courts recognize these tactics as wrongful, yet existing remedies often fail to provide adequate redress. The prevailing approaches – compensating victims for out-of-pocket losses or the […]
Nicholson, Udofa and Collins, ‘Trespass to the “person” in the metaverse’
ABSTRACT The term ‘metaverse’ refers to a varied collection of internet-based virtual reality worlds in which, amongst other things, users across the globe can collaborate, socialise, trade, play games, access entertainment, or even work. Increasingly, technological innovations, such as high-resolution headsets and sensory (or ‘haptic’) clothing, are closing the experiential gap between such virtual environments […]
Sophia Moreau, ‘Beyond Anti-Discrimination Law: Realizing Equality Through Other laws, Such as Tort Law’
ABSTRACT This paper draws on ideas from discrimination theory in order to develop a general characterization of the ways in which tort law perpetuates inequalities of social status. Section I explains why tort law is a particularly fruitful place to look when seeking to develop a general characterization of the ways in which legal rules […]
Mark Lemley, ‘Protecting Consumers in a Post-Consent World’
ABSTRACT Privacy scholars are moving beyond the ‘notice and consent’ paradigm that has dominated privacy law for a generation. They are right to do so. The evidence shows that it does very little to protect privacy. The problem with the notice and consent paradigm isn’t limited to privacy law. It is a problem with contract […]
Diego Bayma, ‘Copyright, 3D Printing, and the CAD Files’ Protectability’
ABSTRACT This paper explores the intersection of copyright law and 3D printing, with a specific focus on the protectability of computer-aided design (CAD) files. Divided into three sections, it first examines the disruptive impact of 3D printing on copyright, particularly regarding the ease of reproducing and sharing protected designs. The second section analyzes the protectability […]