Monthly Archives: July, 2025
Anne Bloom, ‘The Impact of Tort Reform in the United States’
ABSTRACT The tort reform movement in the United States has had significant effects on the civil justice system and public perceptions of the law. This article explores the movement’s history, its direct impacts on legal doctrine and judicial practices, and its indirect consequences for legal consciousness and perceptions of the courts. Tort reformers strategically propagated […]
Aston, Yin and Pearce, ‘Court ordered sorriness: Judicial perspectives in discrimination cases’
ABSTRACT While the power to order an apology is not in doubt, whether courts should order an apology involves complex legal, ethical and practical considerations. Drawing on recent human rights cases, the article offers a view on how the courts have addressed the tension that arises in ordering an apology against a reluctant litigant despite […]
Shapira and Hill, ‘Accountability For Flawed Corporate Culture’
ABSTRACT Flawed corporate culture has been at the root of the largest corporate debacles in recent years, such as Wells Fargo’s fraudulent accounts, Volkswagen’s emissions cheating, and Boeing’s 737 Max crashes. In this type of case the corporation in question boasts a well-funded compliance program, a well-constituted board of directors, and a well-crafted code of […]
‘Block on Defamation’
I’ve always been against defamation law (libel, slander, etc). I assumed it was the plumbline libertarian position, even though many libertarians and most Objectivists seem to favor reputation rights. As I wrote in ‘Defamation as a Type of Intellectual Property’: … (more) [StephanKinsella.com, 14 July 2025]
Gerhard Kraft, ‘Family foundations: Legal framework, structures and taxation’
SUMMARY OF THE MAIN RESULTS: I. EMPIRICAL SIGNIFICANCE. Family foundations are undeniably en vogue. There has been a boom in this area for some time now. Particularly in the context of asset succession planning and the creation of optimised corporate structures, family foundations can be a highly effective instrument. Contrary to popular belief, domestic or […]
‘Compensation for Historic Sexual Abuse in Australia: Vicarious Liability v Non-delegable Duties’
On 17 June 2025, the High Court of Australia (HCA) gave special permission to appeal in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN [2025] HCA Trans 47. The matter is listed for hearing in the HCA on 7 August 2025. AA involves a claim by the plaintiff […]
Roberto Tallarita, ‘Hohfeld in the Boardroom’
ABSTRACT For nearly a century, debates over corporate purpose have framed the issue as a clash between two contested visions: Should corporations maximize profits, or should they pursue broader social goals? This Article argues that this conventional framing obscures the true nature of the dispute. Using Wesley Hohfeld’s map of rights, duties, privileges, and no-rights, […]
Radu Bogdan Bobei, ‘How transnational law makes the markets operate’
ABSTRACT The concept of transnational law is regularly employed with at least two meanings. The first meaning focuses on understanding transnational law as a legal system. The second meaning puts forward the understanding of transnational law as methodology. This methodology can be employed either to connect – in order to disconnect – the legal orders […]
James Smith, ‘Russia sanctions and the prohibition on trust services’
ABSTRACT UK sanctions law contains a prohibition on the provision of trust services to or for the benefit of designated persons and persons connected with Russia. This article analyses the background to and legal framework of the prohibition. The article then looks at the application of the prohibition to Crown Dependencies and Overseas Territories, before […]
Lipson and Evans, ‘Corporate Due Process’
ABSTRACT The relationship between fiduciary duty and contract has never been clear. The law of fiduciaries has long checked discretionary control of other people’s property, notably in corporate governance, where directors owe a corporation duties of care and loyalty. Yet, contract has also had the capacity to modify these duties to an important – but […]