Monthly Archives: December, 2025
Lan Nguyen, ‘Ethical, but Economical, Non-Monogamy’
ABSTRACT Ethical non-monogamy (ENM) relationships, such as polyamorous relationships, challenge the structures that support intimate relationships between two people. Polyamorous relationships are increasingly visible in modern society but remain unrecognised in Australian law. This lack of recognition imposes legal, emotional, and economic costs on those involved. This essay explores the lack of law around polyamorous […]
‘Are Wrongs Always Right Violations?’
Nico Cornell, Wrongs and Rights Come Apart (2025). Nico Cornell’s terrific book Wrongs and Rights Come Apart rejects the commonly held view that moral wrongs are simply moral right violations. Rather, wrongs and rights ‘come apart’: there can be wrongs without right violations and right violations without wrongs. The book proceeds by providing a range […]
Jennifer Rothman, ‘Reframing Deepfakes’
ABSTRACT The circulation of deceptive fakes of real people appearing to say and do things that they never did has been made ever easier and more convincing by improved and still improving technology, including (but not limited to) uses of generative artificial intelligence (‘AI’). In this essay, adapted from a lecture given at Columbia Law […]
Richards, Hartzog and Francis, ‘Privacy’s Autonomy Thicket: Disentangling Choice, Consent, and Control’
ABSTRACT When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like ‘choice’, ‘consent’, and ‘control’ to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a […]
Karni Perlman, ‘Humanizing ODR: A Call To Embrace A Therapeutic Jurisprudence Approach’
ABSTRACT The article examines how Online Dispute Resolution (ODR) can be enhanced by integrating principles of Therapeutic Jurisprudence (TJ). Drawing on a qualitative study of experienced mediators who conducted online mediation during the COVID-19 pandemic, the findings reveal both significant advantages—such as efficiency, accessibility, and reduced emotional tension—and substantial challenges, most notably the diminished ‘human […]
Peter Benson, ‘Some leading themes in the contract scholarship of Stephen Waddams’
ABSTRACT Among the leading themes in Stephen Waddams’s monumental contributions to the development and deeper understanding of modern contract law, this chapter focuses on two of the most fundamental that particularly preoccupied him throughout his career. The first concerns the proper significance and roles of equity and common law after their integration in 1875 in […]
Arthur Ripstein, ‘The law’s own terms’
ABSTRACT In this short article, I cannot do justice to all of the aspects of The Idea of Private Law, let alone to all aspects of the private legal relationship that is its subject matter. Instead, I limit myself to a brief description of the order in which these aspects of the relation develop before […]
Edward Iacobucci, ‘Trebilcock and trade-offs’
ABSTRACT Through discussion of a sample of his work, this article identifies a key theme in Michael Trebilcock’s astonishingly deep and broad body of scholarship: trade-offs matter. Trebilcock’s analysis of a House of Lords case, Macaulay v Schroeder Publishing, demonstrates the perils of one-sided economic analysis: the court ignored trade-offs in determining that a contract […]
Andrew Popplewell, ‘The Mareva at 50 – a midlife crisis?’
INTRODUCTION 1975 was a good year for the common law. On 17 July, Jonathan Hirst was called to the Bar. I am very pleased and privileged to have been asked to say something in a talk dedicated to the memory of such an irrepressible and generous spirited man, a powerful advocate and a staunch champion […]
Roberto Tallarita, ‘The Logic of Ratification (from Justinian to Elon Musk)’
ABSTRACT A controversial case on Elon Musk’s $56 billion pay has laid bare our poor understanding of ratification in corporate law and possibly in other legal domains. What exactly is ratification and what is its internal logic? In this Article, I reconstruct the concept of ratification within a general theory of shared power and show […]