Monthly Archives: April, 2025
Luigi Alberto Franzoni, ‘Efficient Liability Law with Costly Insurance’
ABSTRACT This paper examines the impact of insurance on the liability system, building on the realistic assumption that parties are risk-averse and that private insurance is costly. These factors increase the value of precaution for the parties involved. Under a negligence rule, risk aversion and the high cost of insurance justify raising the standard of […]
Rory Van Loo, ‘Consumer Agents’
ABSTRACT In the twenty-first century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would filter out toxic social media content or a virtual shopping assistant that would find and even purchase the best deals online without having to go to many different websites […]
Ewan McGaughey, ‘Divesting Fossil Fuels, Directors’ Duties, and Derivative Claims’
ABSTRACT In July 2023, planet Earth’s hottest ever month until the hottest year that followed, the Court of Appeal gave judgment in McGaughey and Davies v Universities Superannuation Scheme Ltd and its Directors [2023] EWCA Civ 873. This had become the UK’s largest crowdfunded case yet, and the first attempt to sue a board of […]
Alec Morris, ‘Bare Trusts and Private Purpose Powers’
ABSTRACT Private purpose powers are crucial to the functioning of non-charitable unincorporated associations and Quistclose trusts – both of which concern bare trusts. However, a sufficient understanding of what a bare trust is, as well as overreaching, reveals a fundamental problem: explaining how these powers overreach the equitable interests. They can do so, it is […]
Thambaiya, Kariyawasam and Talagala, ‘Copyright law in the age of AI: analysing the AI-generated works and copyright challenges in Australia’
ABSTRACT In today’s era of technological advancement, creativity is no longer confined to the monopoly of human authors. As artificial intelligence (AI) emerges, it is now used to autonomously generate works similar or equal to those protected by copyright. While Australian copyright law has hitherto protected human-authored works, the advent of AI works raises questions […]
Wayne Barnes, ‘CISG (2024 Survey)’
ABSTRACT This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and […]
Masood Ahmed, ‘Harnessing the ELI/Unidroit Model European Rules of Civil Procedure in promoting ‘judicial ADR activism’ in the English civil justice system’
ABSTRACT This article focuses on the role of the English civil courts in ordering parties to resort to alternative dispute resolution (ADR) during proceedings following the landmark Court of Appeal decision of Churchill v Merthyr Tydfil County Borough Council and the subsequent amendments to the Civil Procedure Rules, which make explicit the courts’ powers to […]
Chen Zhu, ‘The Personality Nexus: Moral Rights in Music Law and Policy’
ABSTRACT This Chapter explores the changing legal landscape of moral rights in the context of music creation. It traces moral rights’ roots to the Kantian theory of authors’ personality rights in continental Europe and it also explains common law jurisdictions’ ideological resistance to a free-standing moral right doctrine in favour of a patchwork approach to […]
DeMott and Han, ‘An Overview of Agency Doctrine’
ABSTRACT Written as a chapter for a forthcoming volume on agency and intermediation, this paper concisely summarizes the doctrines that comprise the common law of agency in the US and other jurisdictions within the common law tradition. Agency doctrine defines and structures consensual relationships in which one person’s actions have power to affect the legal […]
‘Report of the Oxford Conference on “Characterisation in the Conflict of Laws”’
On 20-21 March 2025, a conference on ‘Characterisation in the Conflict of Laws’ was convened at St Hilda’s College, Oxford. Under the auspices of the Institute of European and Comparative Law in the Law Faculty of the University of Oxford, the conference was jointly organised … (more) [Meltem Ece Oba, Conflict of Laws .net, 2 […]