Monthly Archives: June, 2025
Joseph Schremmer, ‘Reflections On The “Pore Space Estate”’
ABSTRACT As state legislatures and courts increasingly address the severability of subterranean porosity or storage space, known as ‘pore space’, from ownership of the overlying land, the time is ripe for an account of what it means for property law to recognize a severed estate in pore space. This Article examines the economic and technological […]
‘Extent of fiduciary duties depend on the relationship’
In Jong Yat Kit v Li Mun Hok Steven ([2025] HKCFI 1764) a very wealthy father opened a bank account in November 2005. Soon after, he made one of his sons (‘the son’) an authorised signatory to the account. Over the next year, the son withdrew over HK$36 million from the account. These withdrawals included […]
Naithani and Gupta, ‘An idea of inclusive and representative consent framework: bringing data subjects to data protection discourse’
INTRODUCTION Consent is the necessary catalyst that provides validity, reliability, and authenticity to a transaction and to the processing of personal data. Informed consent, which is consent at an advanced stage, prevents activities and incidents from having unexcepted and unanticipated privacy consequences for the consent giver. It is the giver’s understanding (‘intelligibility’) of a particular […]
Lucinda (Lucy) E Main, ‘Settlors in Canadian Trusts: some thoughts on the role’
ABSTRACT This article reviews the role of the settlor of trusts in Canada and how and why trusts are often structured such that the settlor is not a controlling trustee nor a capital beneficiary of the trust. The article includes sample clauses often found in Canadian trust deeds in an effort to avoid the application […]
Moosavian and Coe, ‘“The personal is political”: sexual misconduct allegations, defamation and gender politics’
ABSTRACT This article critically examines how English defamation law regulates cases involving allegations of sexual misconduct and/or violence which have become prevalent in the wake of the #MeToo movement. Part 1 provides an account of feminist methods that reveal the gendered nature of both legal doctrine and courtroom treatment of the parties in cases. Part […]
Jens Dammann, ‘America’s New Legal Isolationism: An Empirical Analysis’
ABSTRACT Over the past decade, American legal scholarship has turned inward, exhibiting a marked decline in engagement with foreign legal systems. This trend – termed ‘legal isolationism’ in this Article – represents a fundamental shift in the orientation of US legal thought. Drawing on a comprehensive new dataset, this Article presents the first empirical study […]
Aryan Mohseni, ‘Does a Successor Trustee owe a Fiduciary Obligation to the Former Trustee not to Frustrate their Indemnity?’
ABSTRACT The nature of a trustee’s indemnity has been the subject of recent appellate judicial treatment in the United Kingdom and in Australia. Owing to the prevalence of the trading trust in Australia, the High Court of Australia has recently had occasion to consider whether a successor trustee owes a fiduciary duty to not frustrate […]
Dupont and Karpoff, ‘A theory of social capital and trust’
ABSTRACT We develop a model in which social capital builds trust, decreases misconduct, and facilitates economic transactions. Social capital refers to the value of social and psychological benefits from performing in accord with contractual promises. It reflects a common component via shared culture and an idiosyncratic component reflecting individual moral values. Opportunistic behavior is disciplined […]
Fabrizio Cafaggi, ‘Transnational Private Regulation of Environmental Sustainability through Commercial Contracts. Reassessing Contractual Governance in Global Supply Chains’
ABSTRACT Sustainability standards are integrated and applied in global supply chains through transnational commercial contracts that have come to play a regulatory function in addition to the conventional exchange task. The design of the architecture of contracting, the coordination among contracts, and the content of sustainability terms along the chain is the result of the […]
Ali Salem Ali Al-Marri, ‘Unjust enrichment and restitution assessment in Saudi civil law’
ABSTRACT This study aims to clarify the theory of unjust enrichment as an independent source of obligation when filing a case for unjust enrichment, with particular focus on its incorporation into the new Saudi Civil Transactional Law. Using a descriptive methodology, the study delineates for Saudi lawyers, legal practitioners, and law students a framework for […]