Monthly Archives: March, 2025
Sujata Singh, ‘Corporate Responsibility: Transparency and Disclosure’
ABSTRACT Purpose: This study investigates the crucial role of transparency and disclosure in corporate responsibility. It aims to pinpoint the key elements that make transparency practices effective and examine how these practices affect stakeholder trust and corporate reputation. Study Design: A mixed-methods approach is used, combining qualitative and quantitative data collection and analysis. The research […]
Anderson, Buenaventura, Mahler and Pace, ‘Empirical Tort Law (and Theory) – An Essay in Honor of Deborah Hensler’
ABSTRACT In this essay to honor Deborah Hensler, we summarize an update to her classic study on claiming behavior and explore its policy implications. More specifically, we empirically document how those with significant medical conditions utilize the civil liability system, particularly in terms of making claims against others, seeking the advice of legal professionals, and […]
Hourigan, Wilson and Lim, ‘A Modest and Principled Proposal for Civil Justice Reform in Ontario’
ABSTRACT Ontario’s civil justice system is in crisis. The current system does not provide for ‘access to justice’ under any sensible definition of the term and is increasingly inaccessible even for Ontario’s middle class. Consequently, lawyers and pundits have called for a massive increase in funding to the justice system. Such funding might address perceived […]
Shyamkrishna Balganesh, ‘The Eunomics of Intellectual Property’
ABSTRACT Originally developed by the legal theorist Lon Fuller, eunomics is the ‘study of good order and workable arrangements’ and is directed at understanding the structure, form or ordering adopted by an area of law. Yet unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither […]
Dave Fogg Postles, ‘Fidei laesio and debt revisited: the Lichfield consistory court, 1464-1478′
ABSTRACT Although the contours of fidei laesio (pleas for debt in ecclesiastical courts) were established by Helmholz and suggestions about the wider impact on credit relationships were offered by Briggs, there still remains scope for a detailed examination of the causes in an ecclesiastical court to establish precisely the extent of the litigation in those […]
‘A New CISG Decision from Arizona’
Many US lawyers are unaware that the UN Convention on Contracts for the International Sale of Goods – or CISG – might apply to the contracts they negotiate on behalf of their clients. A recent federal district court decision from Arizona, Kümpers Composites GmbH v TPI Composites (Judge Susan M Brnovich), provides a nice occasion […]
van Bekkum, Borgesius and Heskes, ‘AI, insurance, discrimination and unfair differentiation: an overview and research agenda’
ABSTRACT Insurers underwrite risks: they calculate risks and decide on the insurance price. Insurers seem captivated by two trends enabled by Artificial Intelligence (AI). First, insurers could use AI for analysing more and new types of data to assess risks more precisely: data-intensive underwriting. Second, insurers could use AI to monitor the behaviour of individual […]
‘No-Claims’
Mark McBride, ‘Keeping Hohfeld Simple’, 43 Law and Philosophy 451 (2024). There is renewed interest in the categorization of fundamental legal relations offered by Wesley Newcomb Hohfeld. McBride’s article is about the two problem children among the Hohfeldian relations – the liberty and, especially, the no-claim. Although his article is technical, it has significant consequences […]
Thomas Gallanis, ‘American Revolutions in the Law of Trusts’
ABSTRACT American trust law is revolutionary. It departs in fundamental ways from the trust law of other major common-law jurisdictions, such as England, Australia, Canada, the Hong Kong Special Administrative Region, and Singapore. It also differs greatly from the trust law of the major civil-law countries that have adopted the trust, such as mainland China […]
Mark Gergen, ‘Contract as an Object of People’s Will’
ABSTRACT This paper takes a simple definition of consent from the law of battery – consent involves a conscious choice – to show that consent so defined plays a crucial but necessarily limited role in contract law. Contract generally does flow from a conscious choice (or at least its appearance), but this is necessarily true […]