Monthly Archives: July, 2025
Nathan Tsang, ‘Digital Assets and The Lex Situs Rule: A “Decentralisation” Approach’
ABSTRACT Digital assets are becoming increasingly prevalent and accessible in both the global and Australian financial economies. A consequence of this is the inevitable increase in cross-border acquisitions and transfers of these assets. The DLT technology utilised by digital assets challenges the application of traditional private international law rules and in particular, the rule relating […]
Alexi Pfeffer-Gillet, ‘The New Arbitration Rules’
ABSTRACT Commentators largely agree that arbitration today is a far cry from what Congress envisioned when it enacted the Federal Arbitration Act (FAA) a century ago. The contrast has become particularly stark in the past decade, with plaintiffs bringing collective ‘mass arbitration’ claims and defendants responding with elaborate, oftentimes inscrutable, procedural rules for ‘batching’ claims […]
Jaakko Salminen, ‘A private law for the technocene: rights in a world of infinite knowledge’
ABSTRACT Advanced governance technologies give us the power to understand and mitigate the global impacts of production. This leads to a legal problem. If we know the global consequences of our actions, should we be held legally responsible for them, or is it just for law to insulate us from responsibility for consequences we could […]
Michelle Cumyn, ‘Standard Form Contracts and the Erosion of Consent: Is There No Turning Back?’
ABSTRACT This Article draws on sources from Canada, England, France, Germany, and the United States to appraise Western law’s treatment of standard form contracts. Courts currently recognize standard clauses as express contractual terms, even when it would not be reasonable to expect adhering parties to read and understand them. Standard forms are undemocratic because they […]
Neil Foster, ‘Duty of care in negligence in relation to pure economic loss’
ABSTRACT Comments on the question whether a duty of care is owed in the law of negligence, to avoid causing ‘pure economic loss’ (financial loss not flowing from personal injury or property damage) as spelled out in the High Court of Australia decision of Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25, […]
Peter Watts, ‘The Agency Law Decisions of Lord Sumption’
ABSTRACT While he was a judge of the United Kingdom Supreme Court, Lord Sumption delivered a number of judgments on points of agency law. This festschrift paper analyses just three of those, and three topics. The first is the concept of the communicating agent, or the agent who has no authority to make a contract […]
Lisa Lopez, ‘An Economic Comparison of Succession Law Systems: Prioritizing Spouses vs Forced Shares For Children and Proposal for a Standards Based Approach to Child Disinheritance’
ABSTRACT In the United States (‘US’), the foundation of succession law is the freedom of disposition. Priority is placed on the testator’s freedom to choose what happens with their property after they die. Thus, laws governing the distribution of property in both testate and intestate situations are aimed at honoring the testator’s intent. In the […]
Lidsky and Daves, ‘Inevitable Errors: Defamation by Hallucination in AI Reasoning Models’
ABSTRACT Over the last millennium, defamation law has adapted to many new information technologies, including the printing press, the telegraph, and the internet. Now, defamation law must adapt to the challenges presented by generative artificial intelligence, and specifically the propensity of Large Language Models to produce defamatory hallucinations. In this article, we unite the lessons […]
S Baister, ‘Fiduciaries and the Financing of Insolvency Litigation: Some Legal and Practical Considerations’
ABSTRACT The costs of civil litigation have been in crisis for some time, and in a post-pandemic world expenditure on enforcing legal rights could see an unprecedented increase. The costs involved in insolvency work are no exception to this crisis. This article considers some of the legal and practical matters which an insolvency office-holder should […]
Aryan Mohseni, ‘The “Newcomer” Injunction in Wolverhampton: Equity’s Illegitimate Child?’
ABSTRACT Equity might not be past the age of child-bearing. But does equity permit final injunctions binding non-parties? Does it permit injunctions against a class of ‘persons unknown’? Can that class encompass those who have not yet infringed any right or duty, but who might do so at a later date? Indeed, can there be […]