Monthly Archives: March, 2025
Sim, Krishna and Porter, ‘Saying “I’m sorry” at the bedside: when and why should apologies following medical mishaps be protected from legal liability?’
ABSTRACT Patients harmed by medical mishaps are often driven to litigation because of a lack of apologies and candour rather than a desire for monetary compensation. Despite attempts at clinical negligence reform, patients continue to receive unsatisfactory responses. Physicians have cited fears of legal liability as a key reason for withholding apologies. Apology legislation has […]
‘Information duties in consumer credit: the CJEU in C-677/23’
“At the end of January, the CJEU delivered another judgment interpreting Directive 2008/48 on Consumer Credit. In C-677/23 AB, FB v Slovenská sporitel’ňa as consumers alleged that the credit contract did not contain all the necessary elements provided by the Directive. The dispute thus involved the interpretation of Article 10(2), which provided the mandatory content […]
Soh and Stehle, ‘Less is More: Issue Presumption in Mass Tort MDLs’
ABSTRACT In mass tort multidistrict litigation (MDL), existing scaling up devices have failed to generate significant efficiency gains. This Essay suggests a novel device: Issue Presumption. Where courts possess the greater power to apply issue preclusion, courts may instead apply issue presumption to shift the burden of persuasion against the losing party in subsequent cases. […]
de Contreras and Evans, ‘The Supreme Court: 15 years of shaping “property”’
ABSTRACT The Supreme Court of the United Kingdom turns 15 in 2024. This milestone provides the ideal opportunity to consider how the Supreme Court has shaped the concept of ‘property’ through its judgments. This paper, which is the second produced from this project, continues to elucidate some of the ‘themes’ that arise from a consideration […]
Derwent Coshott, ‘Tendency, purpose and intention: construing the proper function of the public policy restraints’
INTRODUCTION The public policy restraints represent a series of rules operating in the context of private law arrangements which forbid such arrangements from encouraging conduct that the law regards as being against the social interest. These include rules that a contract, trust, will etc must not promote immoral conduct, impermissibly restrain a person from marriage […]
Drew Simshaw, ‘Interoperable Legal AI for Access to Justice’
ABSTRACT The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the US legal system can often inhibit access-to-justice efforts. The resulting inequities undermine fairness for those interacting with courts and jeopardize the legitimacy of the broader legal system. Legal […]
Kominers and Dworczak, ‘A Price Theory of Price Gouging’
ABSTRACT We propose an economic definition of price gouging: Price gouging occurs in a competitive market when lowering the price from the market-clearing level would increase total Utilitarian welfare. We then use price-theoretic tools to characterize determinants of price gouging in a setting with income heterogeneity and non-quasi-linear preferences that induce a motive to redistribute […]
‘Government Suppression of IP’
Doni Bloomfield, ‘Intellectual Antiproperty: Export Controls and the Transformation of IP’ (January 13, 2025), available at SSRN. Intellectual property laws are government policies to encourage the creation and dissemination of information. But there are also laws allowing the US government to suppress IP-protected technical knowledge, and Doni Bloomfield’s insightful article argues that IP scholars should […]
Trang Nguyen, ‘Global Company Towns’
ABSTRACT The employer provided everything – wages, housing, post office, parks, canteens. Such a model of the ‘company town’, where a single corporation dominates in multiple capacities as employer, landlord, service provider, and quasi-regulator over a dwelling area, has endured across borders and time. It can portray textile mills in 18th century England and coal […]
Infantino, Miscenic and Tereszkiewicz, ‘Buying Insurance Online: Are European Consumers Protected or Vulnerable?’
ABSTRACT In Europe as elsewhere, contemporary insurance now involves digitally active players (insurance companies, intermediaries, platforms) and the use of all kinds of technological innovations. Present-day consumers expect a flexible supply of services, including the possibility of selecting products via comparison websites, the ability to enter into, perform and terminate contracts online, and the opportunity […]