Monthly Archives: October, 2025
Chen Meng Lam, ‘The continued search for clarity on the scope of a doctor’s duty of care’
ABSTRACT The scope of duty test for determining liability in cases of clinical negligence is, as confirmed in Meadows v Khan [2022] AC 852, governed by the purpose of the duty, which is in turn determined by the risks of harm against which the doctor has the duty to guard. While Meadows made clear that […]
Fabrizio Cafaggi , ‘Regulatory contracts, fundamental rights and third parties’ protection’
ABSTRACT In this chapter, the link between the regulatory functions of transnational commercial contracts and the supply chain governance is explored. Commercial contracts regulate trade within the chain and externalities on third parties for violations of due diligence obligations. The integration of the regulatory function in commercial contracts may cause some conflicts because the interests […]
‘Comparative Law Teaching in the UK – Where are we in 2025?’
BACL’s 75th Anniversary Workshop took place at King’s College, Cambridge, on 7-8 July 2025. It was an inspiring celebration of the continuing relevance of comparative law in UK legal education. We are deeply grateful to the 30 legal academics and research students who contributed their insight and enthusiasm. The workshop featured 19 speakers including Early […]
Adriana Placani, ‘The Morality of Risking and the Reliability of Rights’
ABSTRACT This work advances a novel account of the moral significance of risking. It argues that risking can be both a wrong and a harm in virtue of its negative impact on the reliability of rights, which is understood as the likelihood that rights will secure the interests that ground them. The essay also shows […]
Gavin Kerr, ‘Predistribution: What It Is, and Why it Matters’
ABSTRACT This article outlines two distinct ways of conceptualizing the idea of predistribution which reflect two distinct perspectives from which regressive ‘neoliberal’ policies and institutions can be challenged. These critical perspectives support correspondingly distinct, though not necessarily mutually exclusive, agendas for progressive predistributive reform. One conception – ‘social justice predistribution’ – encourages progressives to focus […]
Comments on Gregory Keating’s Reasonableness and Risk (Law and Philosophy)
Liability and Fault in Reasonableness and Risk (Sandy Steel) Harms, Relationships, and the Contours of Liability for Emotional Distress (Steven Schaus) Varieties of Consequentialism and Deontology in Theories of Tort Law (Adam Slavny) Who are the Bearers of Tort Law’s Duties? (Rebecca Stone) Gregory Keating’s Framework for Understanding Tort Law (Martin Jay Stone) Justifying Harm-Based […]
Gomis-Porqueras and Wang, ‘Credit, Privacy, and Data Monetization by Digital Platforms’
ABSTRACT Digital platforms collect extensive personal information from users while often, at the same time, provide credit services. We study the interaction between data monetization and credit provision. Data monetization creates incentives for a monopolistic platform to subsidize credit, enabling it to compete with traditional financial institutions even when it faces higher costs. Credit services […]
‘The CISG Saves the Day’
The United Nations Convention on Contracts for the International Sale of Goods (CISG) has long been something of an enigma to American lawyers. The available evidence suggests that many US lawyers are unaware of this treaty’s existence nearly forty years after it was ratified. In many cases, US lawyers are upset to learn, first, that […]
Anthony Sebok, ‘Some Realism About Litigation Finance’
ABSTRACT Third-Party Litigation Finance (TPLF) has attracted a large amount of scrutiny and criticism in recent years, ranging from targeted legislation proposed in various state legislatures and the US Senate, to numerous law review articles grimly warning of its dangers to the civil justice system. This Article takes up one specific strand of criticism – […]
Alicia Solow-Niederman, ‘AI and Doctrinal Collapse’
ABSTRACT Artificial intelligence runs on data. But the two legal regimes that govern data – information privacy law and copyright law – are under pressure. Formally, each regime demands different things. Functionally, the boundaries between them are blurring, and their distinct rules and logics are becoming illegible. This Article identifies this phenomenon, which I call […]