Monthly Archives: June, 2025
Eleanor Russell, ‘Liability of police authorities – Tindall v Chief Constable of Thames Valley Police considered’
INTRODUCTION The law in relation to the potential liability of a public authority in negligence is a frequent visitor to the UK courts with a steady stream of key decisions having been handed down by our superior courts in recent years. The case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33 […]
Timothy Lytton, ‘A Systems Theory of Tort Law: Reevaluating the Case Against “Regulation by Litigation”’
ABSTRACT For decades, critics of tort law have argued that lawsuits are a poor substitute for government regulation. These detractors compare the institutional capacities of courts and agencies, and they conclude that litigation is ineffective, inefficient, and illegitimate as an alternative to notice-and-comment rulemaking. In response, this Article asserts that characterizing tort law and administrative […]
Melissa Ganz, ‘Eighteenth-Century British Law and Literature: A Survey of the Field’
ABSTRACT This essay offers a survey of scholarship on eighteenth-century British law and literature, highlighting developments and debates in the field over the past 50 years. The essay begins with a discussion of work on the interplay between the legal and the literary professions, including literary representations of lawyers and legal processes, the uses of […]
Antonia Layard, ‘Public Land Law’
ABSTRACT While legislation and administrative frameworks shape how landowners own or use their land, land law continues to be understood primarily as a private law subject. Public interventions are conventionally treated as outside land law’s remit and are rarely addressed in property theorization. Responding to this absence, this article outlines the scope of public land […]
‘AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)’
What does ‘pastiche’ mean? A question like this, raised a few years ago, would probably have sounded esoteric – if not plainly weird – to most. Yet, it is now at the centre of one of the most important recent referrals to the Court of Justice of the European Union … (more) [Eleonora Rosati, The […]
Jérémy Boulanger-Bonnelly, ‘Canadian Class Actions – Progress Report’
ABSTRACT At its 2022 meeting, the ULCC’s Civil Section launched a Class Actions Project, which aims to prepare ‘a Uniform Act adapted to the current realities of class actions’ in order to implement a solution that ‘promotes access to justice and provides a coherent judicial response’. The purpose of this report is to identify contemporary […]
Tong and Horton, ‘Judicial discourses about journalism in journalism-related judgments in the United Kingdom (UK) since Reynolds’
ABSTRACT In the 1999 case of Reynolds v Times Newspapers, a qualified privilege defence was developed to libel action. However, section 4 of the Defamation Act 2013 abolished the defence and replaced it with a new defence of ‘publication on a matter of public interest’. This paper combines n-gram and qualitative approaches to analysing discourses […]
Holcombe and Randall, ‘Ivanishvili v Credit Suisse Trust: (not) limiting trustee’s liability’
ABSTRACT The decision in Ivanishvili v Credit Suisse Trust Ltd (‘Credit Suisse Trust’) is an important reminder of the high standards expected of trustees and the circumstances in which a trustee will be liable for loss to the trust fund. This article focuses on three ways in which Credit Suisse Trust sought to avoid liability. […]
Opioid Litigation – special number of Touro Law Review
Foreword: The Opioid Litigation Conference (Rodger D Citron) Symposium Transcript, In re Opioid Litigation: The Pretrial Phase (Rodger D Citron) Symposium Transcript, In re Opioid Litigation: The Trial Phase (Rodger D Citron) Litigation, Reform, and the Opioid Crisis: From MDL to Bankruptcy (Abbe R Gluck) Opioid Settlements and Profitable Public Nuisances (Clayton J Masterman) Mitigating […]
Roger Newman, ‘On Guido Calabresi’
ABSTRACT Few individuals have had as long and as influential a career in law as Guido Calabresi. Cofounder of the field of law and economics, teacher, dean, and judge, he has inspired (and infuriated) multitudes. On the United States Court of Appeals for the Second Circuit, where he has served for thirty years (while continuing […]