Monthly Archives: January, 2026
Dagan, Gergen and Heller, ‘Liberal Consumer Contract Law’
ABSTRACT The point of consumer contract law is to ensure most of life remains legally boring. This law succeeds when we can enjoy a cup of coffee or secure a mortgage without focusing on any of the contracting tasks. By protecting our time and attention, the law turns both mundane and constitutive consumer transactions into […]
Jose Sahian, ‘Vulnerability in the Microsystem of Consumer Law’
ABSTRACT The paper examines the centrality of vulnerability in the microsystem of protection of consumers and users, understood as a legal category that articulates equality, equity and dignity. This sector of private law has become the most dynamic space for the protection of people in structurally disadvantaged situations, by explicitly recognizing the inherent power asymmetries […]
Tabrez Ebrahim, ‘Against Corporate Oversight’
ABSTRACT Corporate oversight is trending. Developed by courts during a predigital era, the duty of oversight is meant to protect shareholders against corporate malfeasance, while still giving directors enough leeway to take marketplace risks. Just as the law imposes a special fiduciary duty on those who are given trust, corporate law imposes a special fiduciary […]
Erez Aloni, ‘Marital rules for unmarried couples: Feminist objections to a feminist proposal’
INTRODUCTION Flying a feminist banner, certain scholars and practitioners of family law have long argued that unwed cohabitants should be treated like married couples when their relationships end. In recent years, a particularly bold version of that argument is finding favour in Australia, New Zealand, Canada, the UK, and the USA. Increasingly, legislators, judges, and […]
De La Rosa, Moore and Green, ‘In the Matter of the O Trust [2025] CIGC FSD 1 and 56′
ABSTRACT In the Matter of the O Trust [2025] CIGC FSD 1 and 56 concerned the courses of action open to a trustee who holds an express power to resign but the sole lifetime beneficiary of the trust will not constructively engage in the appointment of a successor – or in resolving their own complaints […]
Anya Prince, ‘Genes For Sale!’
ABSTRACT In March 2025, 23andMe, the flagship direct-to-consumer (DTC) genetic testing company, filed for bankruptcy. Just like that, the genetic information of 15 million customers was up for sale to the highest bidder, creating a firestorm of reactions from the public, media, state attorneys general, and legislators warning of the dire outcomes that could arise […]
‘Let’s Focus on Property Managers Rather than the Form of Ownership’
Anika Singh Lemar, ‘Slum Managers’, 57 Connecticut Law Review 1207 (2025). In her recent essay, ‘Slum Managers’, Professor Anika Singh Lemar interrogates the distinction between ownership and management of rental housing. Numerous legal commentators and legislators have focused on the harms associated with large commercial entities purchasing rental housing, and some have even proposed prohibiting […]
Tom Kohavi, ‘Discrimination Law as Private Law’
INTRODUCTION In a series of decisions, the Supreme Court subjected the interpretation and application of discrimination law to basic tort law principles. These tortification cases have strengthened broader concerns that the judicial approach to rights against private forms of discrimination tends to be rigid and defendant-friendly, thereby diminishing the regulatory impact of discrimination law (and […]
Postdoctoral Scholar – Berkeley Center for Private Law Theory
The University of California, Berkeley invites applications for the position of Postdoctoral Scholar at the Center with an anticipated start date in Fall 2026. This is a two-year, full-time (100%) academic appointment. The successful candidate will be mentored by Professor Hanoch Dagan and the dynamic and collaborative research team of the Berkeley Center for Private […]
Sandy Steel, ‘Compensation for Permissible Harm’
ABSTRACT This article examines the law on when a person has a duty to compensate, despite acting permissibly in causing harm that normally violates a person’s right. First, it compares the law’s approach to compensation across a number of different types of permitting fact, such as defence, private necessity, public necessity and preventive action against […]