Monthly Archives: May, 2025
Zachariasiewicz and Zachariasiewicz, ‘Culpa in Contrahendo: A Testimony to the Changing Methodologies in Private International Law’
ABSTRACT The concept of culpa in contrahendo traditionally encompasses cases of disloyal conduct by the parties during the negotiation stage of a contract. It applies to a broad range of factual scenarios. Furthermore, the legal nature of culpa in contrahendo has long been the subject of debate, with some legal systems favouring its classification as […]
Martijn Hesselink and Lyn Tjon Soei Len, ‘European private law and intersectionality: three strategies’
ABSTRACT In this paper we identify and discuss three different strategies for taking up intersectionality in the space of European private law, ie, liberal ideal theories of social and private law justice, liberal nonideal theories of reparation, and private law abolition. While we caution for how intersectionality is taken up in the European space of […]
‘A Legitimation Crisis Strikes Delaware Corporate Law’
Ann Lipton, ‘The Legitimation of Shareholder Primacy’, Journal of Corporation Law (forthcoming, 2025), available at SSRN (3 February 2025). The United States is going through a moment of extreme political strife and uncertainty. Delaware’s corporate law ecosystem is going through its own moment of strife and uncertainty, albeit with less stratospheric – but still high […]
Guttel and Cheng, ‘Torts Mismatches’
ABSTRACT In torts, the damages required for full compensation of the victim and optimal deterrence of the injurer are normally the same. This correspondence is perfectly natural: if the injurer fully compensates the victim, then the injurer will completely internalize his externalities. Yet sometimes full compensation and optimal deterrence do not align. A well-known example […]
Bonnie Holligan, ‘Property and contract in a climate of disruption: just processes for change in private agreements made for public purposes that burden land’
ABSTRACT This article analyses how private agreements that burden land respond to environmental and social change. It argues that, where there is a public environmental purpose, this should be reflected in the legal rules governing the agreement. It explores the alteration of conservation covenants by judicial process in English law, focusing on the public dimensions […]
Amnon Lehavi, ‘Property Theory’
ABSTRACT This book chapter examines whether the emergence of new types of tangible or intangible resources, or of innovative practices for the creation, allocation, and governance of assets, challenges established theories of property. Lehavi, Amnon, Property Theory (May 21, 2024), DOI: https://doi.org/10.4337/9781803924816.
‘Contracts in The Digital Age’
Andrew Keane Woods, ‘The New Social Contracts’, 77 Vanderbilt Law Review 1831 (2024). A fascinating new article by Andrew Keane Woods examines contracts in the digital age. These contracts are society-wide in scope, and their scale surpasses other massive contracts we use. Moreover, they set the rules for digital society and govern the digital world. […]
Munir, Yasin, Irfan, Hussain and Bashir, ‘Artificial Intelligence, Data Protection and Transparency: A Comparative Study of GDPR and CCPA’
ABSTRACT This study explores the relationship between artificial intelligence (AI), data protection, and transparency, focusing on the legal frameworks designed to manage these complexities, particularly the European Union’s General Data Protection Regulation (GDPR). As modern technologies become deeply embedded in daily life, privacy, transparency, fairness, and accountability concerns have intensified. This research critically examines the […]