Monthly Archives: June, 2025
Hiroyuki Watanabe, ‘The Past and Future of Japanese Trust Law’
ABSTRACT 2022 marked the 100th anniversary of the enactment of Japan’s Trust Act and Trust Business Act. Probably it was the first country in civil law jurisdictions to introduce trust law. However, this fact is not widely known. Japan’s trust law has developed uniquely, with trust banks playing a central role, and the background to […]
Chen and Tseng, ‘Does the Threat of Litigation Always Reduce Misreporting?’
ABSTRACT We empirically test the predictions of costly reporting theory that the threat of shareholder litigation could induce financial reporting. We first find empirical evidence suggesting that litigation increases misreporting benefits as modeled in theory. We next show that consistent with theoretical predictions, litigation threat induces misreporting for firms with overly optimistic CEOs, for those […]
‘Experimental Jurisprudence’
Experimental jurisprudence (or ‘X-Jur’) addresses questions of jurisprudence or legal philosophy by complementing traditional philosophical analysis with empirical methods. Often those methods include survey experiments that examine laypeople’s intuitions about legal-philosophical thought experiments and concepts of legal significance (eg, causation, intent, reasonableness). Other times, experimental jurisprudence focuses on the cognitive processes underlying legal reasoning. This […]
David Kwok, ‘Blackmail and the Wrongful Non-Disclosure Agreement’
ABSTRACT Nondisclosure agreements, along with other post-employment restrictive covenants, have been rising in prevalence. The FTC’s recent actions and litigation surrounding noncompete agreements are likely to drive more attention toward NDAs. The scope of legally permissible NDAs remains unclear, though, due to the selective process by which they enter the legal system. By their nature, […]
Alec Morris, ‘Rights of Objects of Powers’
ABSTRACT Offering considerable flexibility regarding the distribution of trust assets, powers of appointment are music to the ears of many a trust-creator. Despite their popularity however, we have in recent times become sloppy in our discussions and analyses of these powers. Unfortunately, this imprecision has resulted in us having a distorted understanding not only of […]
Yaell Emerich, ‘Property for Nature’
ABSTRACT Property law is increasingly faced with limits and changes arising from the environmental context. Ownership and, more generally, property law can no longer be considered in isolation from current environmental issues. The aim of this article is to highlight how property law can provide responses to environmental challenges by adapting several of its fundamental […]
Ishita Ishita, ‘Uniform Civil Code: Constitutional Promise or Political Agenda?’
ABSTRACT The Uniform Civil Code (UCC), foreseen in Article 44 of the Indian Constitution, aspires to a uniform body of personal laws to provide for equality, gender justice, and national integration. In a secular democracy, personal laws must conform to constitutional precepts, rather than religious laws, according to advocates, especially to safeguard women’s rights. Nonetheless, […]
Dagan and Gergen, ‘The Many Beneficiaries of Liberal Contract’
ABSTRACT While an increasing subset of litigated contracts cases in recent decades involve claims by third-party beneficiaries, the topic remains theoretically embarrassing. We claim that the responsibility for the embarrassment lies in the persistence of the traditional idea that contract is only about enforcing promises made in bilateral exchange transactions. We show contract law encompasses […]
Monica Martinez de Campos, ‘Nature’s right to damages in the event of civil liability?’
ABSTRACT Treating nature as a subject of law is a topic of contention in the contemporary era. A significant number of states, if not the majority, continue to refrain from recognising the protection of nature in this sense. This is because the essence of legal personality is attributed solely to individual or collective persons. However, […]
Marciano and Battista Ramello, ‘Law, economics and Calabresi on The future of law and economics’
ABSTRACT There exists a distinction between ‘law and economics’ and the ‘economic analysis of law’. The former, corresponding to Coase’s approach, consists in taking legal rules into account insofar as they influence economic activities. The latter, associated to Posner’s name, consists in using economics to analyze legal problems. Methodologically speaking, if one admits that the […]