Monthly Archives: May, 2025
Roy Baharad, ‘Contract Remedies and Search Efforts’
ABSTRACT Contract theorists routinely assume that opportunities for efficient breach are exogeneous. This prompts the conventional approach to contract remedies, according to which expectation damages are preferred to the disgorgement rule: when ex-post renegotiations are unfeasible, the former regime facilitates efficient breach while the latter deters it. In this paper, I offer a simple model […]
Itai Fiegenbaum, ‘Caremark’s Politics’
ABSTRACT What propels the evolution of Delaware corporate law? In a series of persuasive articles, Professor Mark Roe explains Delaware corporate law developments as an effort to preempt federal intervention. If public outrage over corporate governance failures reaches Congress, federal lawmakers may impose reforms that undercut Delaware’s prominence and ultimately harm those that benefit from […]
Adi Goldiner, ‘Is Disability a Tort and Why?’
ABSTRACT Recent changes in conceptions of disability pose a challenge for tort law theory, which amounts to making sense of this area of law without reinforcing outdated negative views about disabled people. This article takes up this challenge by critically engaging with Gregory Keating’s recent book Reasonableness and Risk: Right and Responsibility in the Law […]
Anna Lund, ‘Security of Tenure in Foreclosure Proceedings: The Judicial Role when Borrowers are Absent or Self-Represented’
The right to adequate housing requires that individuals not be evicted from their homes without being provided appropriate legal or other protections. In Canada, the federal government has promoted housing through mortgage-financed homeownership. Individuals risk losing their homes if they default on their mortgage. When an individual can no longer afford their mortgage payments, the […]
Lewis and Usmani, ‘The Libertarian Case Against Property’
ABSTRACT We argue that Nozick’s right-libertarianism implies astronomically large reparations for historical injustice, undermining the justification of the existing distribution of wealth in perpetuity. We defend and operationalize what we call the ‘quasi-trustee’ model of reparations under right-libertarianism. By our downwardly biased estimates, the injustice of American slavery alone calls the entire stock of global […]
Marios Moraitis, ‘AI and Copyright Towards the Introduction of an EU Remuneration Right’
ABSTRACT Artificial Intelligence (AI) systems have already obtained a significant role in the market, including the market of creative works. As every technological development, similarly the emergence of such AI systems challenges the limits of existing law and poses the further question: interpretation or regulation? Namely, the question that arises is whether our existing law […]
Nancy Kim, ‘AI and the Fine Print Disruption of Copyright’
ABSTRACT Generative AI raises foundational questions for copyright law. Companies use copyrighted works to train large language models, raising important issues regarding fair use, ownership, and the meaning of creation. Inevitably, companies will try to resolve these issues preemptively with adhesive terms referred to as terms of service (TOS). This Article examines how TOS have […]
Stephen Park, ‘Human Rights Due Diligence at the Intersection of Corporate Compliance and Corporate Purpose’
ABSTRACT The concept of human rights due diligence (HRDD) is one part of a broad and diverse range of approaches to address the responsibilities of business to society. Through laws requiring that companies identify and address their adverse impacts on workers, communities, and the environment, HRDD expands the role of corporate compliance in making companies […]
Raul Madden, ‘Why we need a dignity theory of equity’
ABSTRACT A new theory is needed to account for Equity’s role in upholding dignity. This article establishes that necessity through a review of recent developments in practice and existing legal theories. Canadian and Australian courts have resorted to Equity to address exigent and contemporary dignitary concerns in the spheres of workplaces and intimate relationships. These […]
‘Forum non conveniens. Transnational tort claims against English companies involving alleged human rights abuses and environmental damage in a foreign jurisdiction’
For proceedings brought against English defendants after 1 January 2021 forum non conveniens (‘fnc’) has returned as part of the civil procedure regime post Brexit, with the repeal of the Brussels Judgments Regulations. FNC involves the English court’s power to stay proceedings against English parties served as of right in England in favour of adjudication […]