Monthly Archives: July, 2025
Seth, Hasit, ‘Interpreting Exclusion Clauses for Loss of Profits in Contracts’
ABSTRACT In February 2025, the English Court of Appeals handed down the judgment in the case EE Limited v Virgin Mobile Telecoms Limited [2025] EWCA Civ 70. The judgment illustrates the challenges of interpreting exclusion clauses in contracts, particularly the exclusion clauses for loss of profit claims when they are termed as ‘anticipated profits’. The […]
Geng, Hau and Liu, ‘Corporate Opportunity Waiver Laws Did Not Produce Disloyal Managers’
ABSTRACT Corporate Opportunity Waiver (COW) laws permit firms to suspend fiduciary duties related to corporate opportunities. Fich, Harford, and Tran (2023) argue that these laws reduced firm innovation and lowered corporate valuation for research-intensive firms. However, we are unable to replicate these results. We further show that the reported decline in Tobin’s q is confounded […]
Yuriy Yumashev, ‘From the history of European private law’
ABSTRACT It is well known that private international law (PIL) is one of the main instruments for regulating private legal relations involving a ‘foreign element’. Its crucial role in the integration processes of the European Union/European Community can hardly be overestimated, especially considering that their ultimate aim is the establishment of a single internal market […]
Call for Papers: Queer Corporate Governance
We are calling for papers that will link queer lives and queer theory to corporate law and governance, with the goal of publishing an edited collection or special issue publication. There has been little connection between corporate governance and the queer space, and we wish to speak with all scholars, at any stage, who are […]
Xiaoqian Hu, ‘Public Private Property’
ABSTRACT Many struggles are being fought in America today around regulation and redistribution of private property rights: between owners’ right to develop land and society’s need for environmental conservation; between landlords’ privilege to charge higher rents and society’s need for affordable housing, between property owners’ desire for protection from negative effects and unhoused persons’ need […]
Piaskowska and Piesiewicz, ‘Legal reading: the effective teaching of reading skills in the civil law system (part II) – using the designed “text map method”’
ABSTRACT Legal education in Poland faces critical challenges due to traditional pedagogical approaches that emphasise rote memorisation over critical thinking and comprehensive understanding. This paper (the second in a two-part series) addresses these challenges by proposing the ‘text map method’ a structured pedagogical strategy designed to enhance the reading comprehension of legal texts among first-year […]
Saina Kulshrestha, ‘Privity of Contract and Voluntary Promises: A Path Towards Legal Reform in Indian Contract Law’
ABSTRACT The doctrine of privity of contract establishes that only parties to a contract can enforce its terms, ensuring contractual obligations remain exclusive. However, this strict principle often clashes with voluntary promises which are particularly those recognized under Section 25 of the Indian Contract Act, 1872, which allows for the enforcement of certain promises even […]
Parikh and Bedi, ‘Mass-Tort Trusts and the Faustian Bargain’
ABSTRACT In bankruptcy, establishing a mass-tort trust is the final piece in structuring resolution of protracted aggregate litigation faced by a corporate debtor. As seen in cases like Purdue Pharma and Boy Scouts of America, the multibillion-dollar aggregate settlement figure captures all the headlines. But the trust distribution provisions – which actually provide the details […]
Chan, Velez-Echeverri, Setzer and Higham, ‘Consumer Protection and Climate Change’
ABSTRACT This Chapter explores the impact of climate-washing litigation on private law development, focusing on the Global South, where these cases remain underexplored. It provides a mapping of climate-washing claims and their outcomes, highlighting how they have predominantly emerged in the Global North, often framed within consumer protection laws. However, an emerging group of cases […]
Kysa Walzer, ‘Can the Law Protect My Craft? How Gaps in Copyright of Knitting Patterns Symbolize a Greater Struggle for Protecting Traditionally Feminine Forms of Intellectual Property’
ABSTRACT The purpose of this article is to demonstrate the application of intellectual property rights within the context of copyright protection of knitting patterns. The article will discuss the underutilization of copyright protection for knitters and crafters and its larger impact upon craft and industry traditionally comprised of women. Part I introduces knitting patterns and […]