Monthly Archives: March, 2025
Nicholas McBride, ‘Must Private Law Be Private?’
ABSTRACT This paper canvasses four views on the relationship between considerations of the public interest and private law, rejecting the pure view (most associated with Kantian accounts of private law) that the public interest is never relevant, and a hybrid view that the public interest is not relevant to a determination of what private law […]
Jane Ginsburg, ‘Humanist Copyright’
ABSTRACT This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of authorfocused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 US Copyright Act. Second, I will analyze the extent to […]
Bernard Black, ‘Analysis of Georgia Medical Malpractice Environment’
ABSTRACT In this report, prepared on behalf of the Georgia Trial Lawyers Association, I present information about a number of aspects of the Georgia medical malpractice (‘med mal’) environment, including time trends in the number of large paid claims; total payouts and payout per physician on these claims; med mal premia charged to physicians by […]
Mark Leeming, ‘Company law and trusts law: The use and misuse of principle’
ABSTRACT Company directors have long been subjected to duties by statute and pursuant to the constituent corporate documents-originally royal charters, later deeds of settlement, still later memoranda and articles of association, and now for most Australian companies, corporate constitutions pursuant to federal statute. These might seem to be unpropitious foundations for equity. Yet this is […]
John Murphy, ‘The Marex tort: a nascent but needless action’
INTRODUCTION In the landmark case of OBG Ltd v Allan, Lord Nicholls asserted that, ‘[t]he facts of Lumley v Gye … are familiar to every law student’. I doubt whether this is true. But even if it is, it would be a fairly safe bet that very few law students would be able to describe […]
Ciara Kennefick, ‘The just price in salvage contracts’
… The purpose of the present article is to clarify the law on judicial intervention in salvage contracts on the ground of an unjust price and to highlight the practical and theoretical implications which flow from such a clarification. It is divided into a further six sections. Section II examines the distinctive origins of salvage […]
Meredith Render, ‘Waste, Property, and Useless Things’
ABSTRACT How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world? Approximately sixty million tons of electronic waste, or ‘e-waste’ – for example, discarded iPhones, refrigerators, desktop computers – is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars’ worth […]
Pascale Chapdelaine, ‘Algorithmic Price Personalization and the Limits of Anti-Discrimination Law’
ABSTRACT As much attention is turned to regulating AI systems to minimize the risk of harm, including the one caused by discriminatory biased outputs, a better understanding of how commercial practices may contravene anti-discrimination law is critical. This article investigates the instances in which algorithmic price personalization, (ie, setting prices based on consumers’ personal information […]
Stephen Bogle, ‘James Dalrymple, Viscount Stair, 1619-1695: a pioneer of law and commerce?’
ABSTRACT James Dalrymple, Viscount Stair (1619-1695), is rarely associated with commercial law, yet this connection is both justified and valuable. While he does not explicitly use the term ‘commercial law’ or structure his writings around commercial transactions, his Institutions of the Law of Scotland, drafted between 1659 and 1661 and first published in 1681, offers […]
‘Reconceptualizing the Reproduction Right in the age of AI’
We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. One question on which there has been little discussion is whether the reproduction right is triggered when […]