Monthly Archives: August, 2025
Burrell and Handler, ‘Reputation, Confusion and Discretion in Australian Trade Mark Law: Taylor v Killer Queen LLC’
ABSTRACT In Taylor v Killer Queen LLC, the High Court of Australia will have the opportunity to address three complex and unresolved issues under the Trade Marks Act 1995 (Cth). The first issue relates to one of the key grounds for cancellation of a trade mark registration, namely that another mark had acquired a reputation […]
Christophe Geiger, ‘Designing an Ethical and Sustainable Intellectual Property System: An Introduction’
ABSTRACT Growing concerns for the environment and the quest for sustainable development have recently prompted a general reflection at the national, European and international levels on the effects of technology, and innovation more broadly, on present and future generations and the world we are living in. The Sustainable Development Goals (SDGs) adopted by the United […]
Jeanne Schroeder, ‘When Money Isn’t Money: The Second Circuit’s Gutting of the Discharge-For-Value Defense for Erroneous Payments’
INTRODUCTION The law of money is only partially theorized and poorly understood, as illustrated by a recent notorious case in which neither the Second Circuit Court of Appeals nor the litigants appreciated money’s most fundamental characteristic. A functioning currency requires that money be almost perfectly negotiable and payments final. Once one pays money, one almost […]
‘The Case for Retaining Civil Liability in the EU’s Corporate Sustainability Due Diligence Directive: A Law and Economics Perspective’
The European Commission recently introduced the Omnibus Package on 26 February 2025. While presented as a measure to streamline corporate sustainability reporting and reduce regulatory burdens, it risks diluting transparency and weakening the EU’s ambitious sustainability goals. Regarding the Corporate Sustainability Due Diligence Directive (CSDDD), the most alarming watering down of the legislation in the […]
Daniel Engler and others, ‘Do Individuals Prefer Stricter Supply Chain Laws? Empirical Evidence from Germany’
ABSTRACT Inspired by the controversial debate in the EU about legal initiatives to protect human rights and the environment along supply chains (eg, the CSDDD), this paper examines individual preferences for different designs of supply chain laws that are stricter than the current national legislation. Our econometric analysis is based on data from a representative […]
Soyoung Chang, ‘Global Takedown Orders in the GDPR Era: New Internet Governance on Transnational Cooperation’
ABSTRACT Courts in multiple jurisdictions increasingly issue ‘global’ takedown and de-indexing orders against online intermediaries. While these remedies can prevent harm and evasion, they raise hard problems of international jurisdiction, conflicts of law, freedom of expression, and crossborder enforceability. This paper comparatively analyzes leading cases, including CJEU’s Glawischnig (global removal of identical and ‘equivalent’ content) […]
Jannusch, Ressel, Völler and Mullins, ‘Consumer Reactions to AI Enabled Surveillance of Drivers: The Case of Pay as You Drive Insurance Products’
ABSTRACT There is a deep literature developing around the use of AI in better understanding consumer behaviour and in offering opportunities to promote changes in attitudes and indeed conduct. We make the case that pay-how-you-drive offers a tangible way to better understand how citizens might react to surveillance systems that penalise certain actions. Such systems […]
‘Should Private Law Govern Public Issues? The Case of Improperly Collected Taxes’
Restitutionary claims, in the context of Australian law, are actions aimed at reversing unjust enrichment. So, how does this apply to the restitution of improperly collected taxes and other levies? A recent High Court decision illustrates the significance of restitutionary claims. However, the decision appears to be misguided as improperly collected taxes should be returned […]
Julia Patterson Forrester Rogers, ‘Facilitating Mortgage Modification to Save Homes and Mitigate Lender Losses’
ABSTRACT Homeowners in financial distress or whose home has been damaged by natural disaster may avoid foreclosure if their lender agrees to modify the loan to reduce payments. Commercial loans may also be modified to avoid foreclosure or in response to changed circumstances or changing market conditions. Although loan modifications are generally beneficial to both […]
Val Ricks, ‘Apparent Authority and Vicarious Liability for Tort in Texas: From Dance to Embrace’
ABSTRACT Texas authorities hesitantly rule for – but also stumble against – a particular doctrine of agency law: the rule imposing vicarious liability on a principal for the torts of the agent when, as one authority puts it, ‘actions by the agent with apparent authority constitute the tort or enable the agent to conceal its […]