Monthly Archives: June, 2025
‘Lawyers Can Build Worker Power’
Elizabeth Ford, ‘Alt-Legal Services: Re-Visioning Lawyers’ Role In The Fight For Worker Power’, 46 Berkeley Journal of Employment and Labor Law 1 (2025). Elizabeth Ford’s ‘Alt-Legal Services’ offers a bold and refreshing take on the role of lawyers in worker movements. Can lawyers empower workers – or do they undermine organizing efforts? Ford tackles this […]
Charlotte Alexander, ‘Rethinking the Litigation Boom’
ABSTRACT This Article rethinks the functions and functioning of litigation booms. Using an original data set that tracks Fair Labor Standards Act cases during the 2000-2016 period, the Article shows that booms are not anomalies but are instead an expected behavior in our distributed system of civil law enforcement. Specifically, plaintiffs and their lawyers ‘herd’ […]
Brown and Iwobi, ‘Private purpose trusts in England and Wales following the Trusts and Succession (Scotland) Act 2024: a sign of things to come?’
ABSTRACT The Trusts and Succession (Scotland) Act 2024 introduces a codified scheme for private purpose trusts into Scots law – a bold and novel development, especially for an ‘onshore’ jurisdiction. This article, intrigued by this legislative innovation, evaluates the 2024 Act’s relevant provisions and considers whether this might signal a broader trend for England and […]
‘The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence’
This Kat is celebrating the end of another academic year by diving into the second edition of The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence by Mira T Sundara Rajan. From the emergence of the concept of moral rights to their treatment in various jurisdictions […]
Howells and Fairgrieve, ‘The New Product Liability Directive: Steadily Expanding Liability or Business as Usual?’
ABSTRACT This article analyses the recently adopted Product Liability Directive, exploring the background and reasons for the new instrument and the changes ushered in by the new rules. These modifications impact on key aspects of the liability regime including the expanded concept of a product, the notion of defect, recoverable harm, burden of proof and […]
‘Abuse of Rights’- special number of European Private Law Review
Editorial: Comparative and Reflective Remarks on Abuse of Rights and the Role of the General Interest (Emanuel van Dongen and Irene Visser) On the History of the German Doctrine of Abuse of Rights and Public Interests (Hans-Peter Haferkamp) The Role of the General Interest in the Abuse of Rights Doctrine in Polish Law: Private and […]
Michael Guttentag, ‘The New Law and Inequality Scholarship’
ABSTRACT An emerging body of scholarship is challenging the orthodoxy that the tax system rather than the legal system should be used to address inequality. This ‘New Law and Inequality Scholarship’ argues for using law to address inequality for both practical and theoretical reasons and, notably, is grounded in the same kind of rigorous and […]
Douglas Kysar, ‘Products Liability and Climate Change’
ABSTRACT Human alteration of the Earth’s climate is inexorably connected to industrial production. Contemporary systems of energy, construction, manufacturing, agriculture, and many other aspects of production depend, at their foundation, on the generation of greenhouse gases. This Chapter explores whether the consumer products associated with those processes-in particular, goods such as fuel, electricity, and meat-might […]
Richard Garnett, ‘An Enhanced Role for Party Autonomy in the Applicable Law for Non-Contractual Obligations’
ABSTRACT The applicable law rules for tort and contract in Australian private international law have developed in isolation from one another. The reason for this tendency is that tortious and contractual claims have long been regarded as distinct causes of action, despite often arising from similar factual circumstances. Consequently, where cases of concurrent liability in […]
‘A Minimalist Theory of Trust Law Codification’
Thomas P Gallanis, ‘The Dark Side of Codifying US Trust Law’, 49 ACTEC Law Journal 283 (2024). When legal scholars identify and analyze a social problem, they usually conclude with law reform recommendations for potential adoption by courts or legislatures. In ‘The Dark Side of Codifying US Trust Law’, Professor Thomas Gallanis reboots that familiar […]