Monthly Archives: May, 2025
Noel Semple, ‘Look before you Leap: Why Ontario’s Civil Rules Review Needs a Research Phase’
ABSTRACT The Civil Rules Review (CRR) has proposed a thorough rewrite of Ontario’s Rules of Civil Procedure. The goal is to make civil litigation speedier, more affordable, and less complex. The CRR’s April 2025 Consultation Paper makes dozens of reform proposals, affecting every major phase of the litigation process. This short paper argues that the […]
‘First case on AI and copyright referred to the CJEU’
Most people who have been paying attention to the copyright and AI debate in Europe have been expecting that at some point the Court of Justice of the European Union (CJEU) would be tasked with interpreting some of the existing exceptions regarding text and data mining. Many assumed, myself included, that the first referral may […]
Timothy Lytton, ‘Using Nuisance Law to Advance Food Safety’
ABSTRACT This Essay proposes a novel approach to the most urgent food safety problem currently facing US consumers: fresh produce contaminated with virulent microbial pathogens. Despite extensive regulation, growers have been unable to rid their fields of toxic bacteria, and processors have been unsuccessful in sanitizing tainted produce before it reaches store shelves. As a […]
Patrick Hodge, ‘Developing the law of contract: the work of the United Kingdom Supreme Court’
INTRODUCTION Contracts are what enable us to conduct our lives with a degree of certainty. They enable us to buy food and clothes, purchase or rent housing, travel, and enjoy leisure activities with our families. We transact with the providers of goods and services through the medium of the contract. Contracts are also at the […]
‘Repairing products and EU IP law: A forthcoming copyright development?’
The ongoing public discourse on Sustainability – meant here not in its plain-language meaning but rather in its evolving definition in law – and policy-making (see eg Verschuuen) – pivots, to a significant extent, on the need to promote better models of consumption and production. This need to optimize the exploitation of natural resources and […]
Philip Sales, ‘Climate change and the future of tort law: Responding to systemic risk and expanding liability’
INTRODUCTION Climate change is often described as a future threat, a looming crisis that will impact future generations. A decade ago, Mark Carney – then the Governor of the Bank of England and now Prime Minister of Canada – labelled it as the ‘Tragedy of the Horizon’, reflecting the challenge of mobilising present-day action for […]
Samantha Barbas, ‘The Enduring Significance of New York Times Co v Sullivan’
ABSTRACT This essay explores the history of the landmark libel and First Amendment case from 1964, New York Times v Sullivan. The story of Sullivan is a powerful illustration of the unique functions that the press fulfills in American democracy and the importance of Sullivan’s protections of those functions. Arising out of the civil rights […]
Katarzyna Kopaczyńska-Pieczniak, ‘Identity of a Juridical Person’
ABSTRACT The article is of a scientific and research nature and contains the results of research conducted in the areas of Polish civil and commercial law. The subject of the research was whether a juridical person is entitled to the personal interest in the form of identity and the right to identity. The aim was […]
‘Trust Law and the Tides of Colonialism’
Masayuki Tamaruya, ‘Trust Law and Colonialism’, in The Oxford Handbook of Comparative Trust Laws (Adam S Hofri-Winogradow et al eds, forthcoming), available at SSRN (1 September 2024). Tethered to and inextricably linked with the absence or decline of democratic governance, there has always been empire. Empires rise and fall, as they say, but the imperial […]
Joanna Langille, ‘The Constitutive Demands of Corrective Justice’
ABSTRACT Ernest Weinrib’s recent book, Reciprocal Freedom, considers the implications of his Kantian corrective justice account of private law for other aspects of the legal order (including distributive justice, constitutional rights and the rule of law). The book addresses an important ambiguity left open in Weinrib’s past work: whether corrective justice places any limits on […]