Monthly Archives: July, 2025
Susan Watson, ‘The Foundations of Shareholder Capitalism’
ABSTRACT This paper focusses on the separate fund of capital in the company as a separate legal entity as a defining characteristic of shareholder capitalism that has been utilised by business. The paper considers the claims on that fund by shareholders and by creditors through history. The paper concludes that Courts consistently upheld that separation […]
‘Copyright exceptions and fair use defences for AI training done for “research” and “learning”: A new academic study’
“It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife”. While this might have been engraved in the minds of many during Jane Austen’s times and still hold true to some more or less enlightened contemporaries today, in the age of Artificial […]
Yumiao Wang, ‘Rethinking the Contract-Failure Theory’
ABSTRACT The contract-failure theory posits that the nonprofit form can be an indicator of high product quality, because the nondistribution constraint reduces the nonprofit manager’s financial benefits from cheating. This would give nonprofits an advantage over for-profit firms when consumers cannot determine product quality, and thus explains nonprofits’ existence. This paper finds that nonprofits are […]
Bhatia and Koplin, ‘Trading the Golden Egg: Understanding the Differences Between Compensation, Reimbursement and Inducements for Egg Donation in Australia’
ABSTRACT There is a shortage of donor eggs in Australia, driven (inter alia) by age-related infertility, the family creation needs of same-sex couples, and the emerging needs for donor eggs in the context of mitochondrial donation. We explore the ethical, legal and social implications of different strategies to promote egg donation, focusing particularly on strategies […]
Robert Stevens, ‘Before We Begin: Defining Contract’
ABSTRACT This paper comes in two substantive halves. The first defines contract and its place within the law, contrasting two representative alternative definitions. The second disentangles the different rules constituting contract, and consequently the different reasons that may potentially justify them. The conclusion states some of the obvious implications for any normative account of contract, […]
Goudkamp and Katsampouka, ‘Tort Liability for Contractual Liability’
ABSTRACT This article addresses the doctrine of remoteness in tort in light of the Supreme Court’s landmark decision in Armstead v Royal & Sun Alliance Insurance Co Ltd. Armstead further attenuates an already weak control on tortious liability. In outline, it does so in two ways: first, by establishing that contractual liabilities incurred as a […]
Kurki and Siemieniec, ‘Towards An Agency Turn in Animal Law’
ABSTRACT The article proposes an agency turn in animal law, following in the footsteps of the political agency turn in animal ethics. The law currently operates on the assumption that animals are passive non-agents, which is reflected in the nature of their legal representation as voiceless and incompetent. We challenge this assumption by identifying three […]
Tomer Kenneth, ‘In Defense of Factual Precedents’
ABSTRACT Courts rely on legal precedents to resolve legal questions. Should courts rely on factual precedents to resolve factual questions? The idea is not baseless. Courts often rely on prior courts’ decisions to determine ‘general facts,’ such as recidivism rates, the dangers of a toxin, or the history and tradition of a legal norm. The […]
‘AI and Copyright in the UK’
Copyright has been at the forefront of many of the policy conversations surrounding artificial intelligence (AI) in recent years, particularly since the rise of generative AI. It is therefore no coincidence that the United Kingdom stands at a pivotal juncture in this very topic. The unrelenting advancement of AI presents a great opportunity to secure […]
Norhan Moussa, ‘The Applicable Law to International Employment Contracts: A Private International Law Perspective’
ABSTRACT The globalization of labor markets has brought unprecedented challenges in determining the applicable law to international employment contracts. As cross-border employment relationships grow, conflicts of law issues arise, particularly concerning the choice of law and the protection of employees’ rights. This research examines the main principles governing the applicable law to international employment contracts, […]