Monthly Archives: August, 2025
Mark Geistfeld, ‘Product Liability Law in the Age of AI’
ABSTRACT Although the title to this book has changed, this edition continues the developmental path staked out in the prior two editions of this casebook. When I began working on the liability issues involving the crashes of autonomous vehicles about a decade ago, I felt as if I were undergoing a comprehensive final examination on […]
‘Adapting private international law in an era of uncertainty’: Asser Institute, The Hague, 24 October 2025
Private international law deals with cross-border legal disputes. It answers questions like: which country’s court should hear a case? And which country’s laws should apply? These questions are becoming harder to answer as people, businesses, and conflicts move across borders more easily – and unpredictably. The event will bring together leading legal scholars, practitioners, and […]
Natalie Banta Lynner, ‘The Price Of Privacy At Death’
ABSTRACT In the United States, privacy at death is not a right; privacy at death is a privilege purchased through the use of a trust. The legal system grants privacy at death but only to those who can afford it. The vast majority of Americans, those who devise their assets through wills or die intestate, […]
Luke Graham, ‘Charity and Statutory Powers to Alleviate Destitution’
INTRODUCTION Most social and economic rights, as contained in the international human rights treaties, are not directly justiciable in the United Kingdom. Despite this, individuals may be able to enforce legal entitlements to the substance of some of those rights via domestic courts. In relation to those social and economic rights which relate to destitution, […]
Elijah Zachary Granet, ‘Snark Staring Mad’
ABSTRACT Lewis Carroll’s poem ‘The Barrister’s Fit’, contained in The Hunting of the Snark (1876), consists of nonsense and absurdity applied to the lens of the law. Yet, examining the real law, both in Carroll’s time and after, reveals that absurdity and nonsense are essential components of the Anglo-American legal system. Thus, this Article shows, […]
Rod Thomas, ‘Automation of the New Zealand Torrens Register: Practitioner Abuse, Risk and Liability’
ABSTRACT After reviewing the performance of Landonline since it was introduced in 2002, this chapter argues the system remains vulnerable to abuse and misuse, primarily though incompetently or fraudulently given practitioner certifications provided to the registrar. The author holds that that if a system can be abused, it will be and it is only a […]
Mark Wilde, ‘Horizons of Pure Economic Loss: Product Liability and the Post Office Horizon Scandal’
ABSTRACT This paper examines the Post Office Horizon scandal from the perspective of product liability and whether Fujitsu owed a duty of care under English common law to the postmasters who used the system and suffered loss as a result of the faults. It confronts the problem of pure economic loss, which is generally irrecoverable […]
Emily Sherwin, ‘System and Tradition’
ABSTRACT At least in the area of private law, most theoretical arguments in twentieth century American legal scholarship can be traced back in one way or another to the division between Formalists and Realists. Described very broadly, Realists located the essence of private law in the conclusions judges reached in response to the facts of […]
Ayushi Jaya Jaya, ‘Judicial Interpretation of Undue Influence under Indian Contracts Act 1872’
ABSTRACT This paper discusses the doctrine of undue influence under Section 16 of the Indian Contract Act, 1872. The doctrine is important to assure real consent in contracts. While contract law is founded on true consent and fairness to both parties entering into a contract, the reality is that people (for various reasons) are subjected […]
Appleby and Menon, ‘Trusts in Australia’
ABSTRACT This article provides a brief overview of discretionary family trusts in Australia, outlining their structure, purpose, and role in wealth management. It examines the key taxation features of discretionary family trusts and the advantages they provide in matters of income distribution and asset protection. This article explores the unique characteristics of discretionary family trusts […]