Monthly Archives: May, 2025
Channah Klapper, ‘(The Lack of) Fan Fiction Litigation: Why Do Creators Refrain from Suit?’
ABSTRACT This Note explores the status of contemporary fan fiction under United States copyright law. It begins by tracing the historical development of fan fiction and then examines fan fiction’s legal treatment in the internet age, with a focus on the potential application of the fair use doctrine. It surveys relevant case law and considers […]
Hannah Buxbaum, ‘Adhesive Forum Selection Agreements and Access to Justice: The Function and Limits of Anti-Waiver Protections’
ABSTRACT The enforcement of forum selection and arbitration agreements against consumers and other parties in disadvantaged bargaining positions has significant consequences for access to justice. As a result, some legal systems simply decline to enforce jurisdictional agreements against certain groups. This is not the case in the United States. To the contrary, such agreements enjoy […]
Mekonnen Ayano, ‘Tenants without Rights: Immigrants’ Experiences in the US low-income Housing Market’
ABSTRACT Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their situations highlight the […]
Hossein Fazilatfar, ‘Public Policy’s Dual Function in Conflicts Law’
ABSTRACT Public policy displays in conflicts law in various forms. It plays both a preventive and an offensive role. In its defensive form it may be used to refuse recognition of a foreign judgement or an arbitral award which violate forum’s public policy. It may also block the law chosen by the parties or any […]
Zainuddin, Aswari, Ramadani and Buana, ‘Polarisation of Islamic Scholars on the Legality of Cryptocurrency Usage as Currency’
ABSTRACT Cryptocurrency has become a key focus in the evolving landscape of virtual finance, sparking a divide among Islamic scholars. The debate centres on whether cryptocurrency should be considered permissible for transactions under Islamic law. This study explores the polarisation among scholars, some of whom permit cryptocurrency use while others prohibit it. Using normative legal […]
‘China’s Tort Law – a Guide – Jeremy Daum’
“Jeremy Daum of the Yale China Law Center has provided an excellent ‘walk through’ of China’s tort law – specifically the now five year old tort section of the Civil Code …” (more) [George Conk, Otherwise, 8 May 2025]
Hall, Cockburn, Crawford, Harding and Purser, ‘Risks, Benefits, Opportunities, and Electronic Formalities In the Law of Wills: A Comparative Approach’
ABSTRACT Traditional ‘formalities’ in the law of wills – including formal requirements for revocation by destruction – contemplate paper documents, wet signatures, and testators and witnesses in the physical presence of one another. Unless these traditional requirements have been modified by legislation, wills made using one or more electronic formalities will not meet the formal […]
Irwin Kramer, ‘The Birth of Privacy Law: A Century Since Warren and Brandeis’
ABSTRACT More than a century after Samuel Warren and Louis Brandeis published ‘The Right to Privacy’ in the Harvard Law Review, their article remains one of the most influential – and perhaps misunderstood – pieces of legal scholarship in American history. This article revisits their seminal work, analyzing the historical context that gave rise to […]
Leslie Katz, ‘In Dombey and Son, Florence Dombey and Walter Gay’s Marriage was Underaged; Was it Also Underhanded?’
ABSTRACT In the paper, three matters are dealt with: (1) did Dombey give the required consent to his daughter’s marrying Walter Gay; (2) if he didn’t, did the absence of such consent invalidate the marriage; and (3) did Walter engage in any deliberate wrongdoing in procuring the solemnisation of the marriage and, if so, what […]
Glenn D West, ‘The Form Doesn’t Know Anything: A Response to Chowdhury, Chudkowski and Gulati’
ABSTRACT Merger and acquisition agreements differ significantly from sovereign bonds. While I have criticized the stubborn persistence of harmful or ineffective boilerplate in the M&A deal world, this persistence does not stem from a desire for uniformity or blind adherence to a sacred form. The dynamics involved in negotiating merger and acquisition agreements often dictate […]